section 455

INTRODUCTION AND BRIEF DESCRIPTION

Section 455 criminalizes the act of impairing or uttering a gold or silver coin with the intent to pass it off as current.

SECTION WORDING

455 Every one who (a) impairs, diminishes or lightens a current gold or silver coin with intent that it should pass for a current gold or silver coin, or (b) utters a coin knowing that it has been impaired, diminished or lightened contrary to paragraph (a), is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

EXPLANATION

Section 455 of the Criminal Code of Canada deals with the offense of debasing or impairing gold or silver currency. It covers two distinct but related offenses: the first is the act of intentionally decreasing or weakening the value of a gold or silver coin so as to make it appear to be a fully valid currency; and the second is the act of knowingly using or passing such a debased coin, with the full knowledge that it is not worth its face value. The penalty for this offense is severe, with an accused person being liable to imprisonment for a term not exceeding fourteen years. The reason for this tough penalty is that debasing the currency is considered to be a serious offense against the monetary system and the economy as a whole. It undermines public confidence in the currency, and makes trade and commerce much more difficult and ultimately harms the economy. Therefore, this provision in the Criminal Code of Canada is an important part of maintaining the integrity of Canada's financial system and ensuring that the monetary system remains stable and trustworthy.

COMMENTARY

Section 455 of the Criminal Code of Canada deals with the offence of counterfeiting gold or silver coins. The section makes it a crime for anyone to impair, diminish, or lighten a current gold or silver coin with the intention of passing it off as a genuine coin. It also makes it an offence to possess or utter such a coin knowing that it has been impaired, diminished or lightened. Counterfeiting is a serious offence that can have significant implications on the economy and society as a whole. It is essentially a form of theft, as the counterfeiter is creating an item with no real value and passing it off as valuable currency. This can cause widespread economic harm, as it can lead to inflation and undermine trust in the government and financial institutions. The punishment for counterfeiting gold or silver coins under Section 455 is significant. Offenders can receive up to 14 years of imprisonment for this crime, which is a testament to the severity with which the Canadian government views counterfeiting. One important aspect of this offence is that it requires the intent to deceive. This means that someone cannot accidentally damage or alter a coin and then be convicted of this offence. It also means that someone who is unaware that a coin has been altered may not be guilty of this offence, as they did not have the intent to deceive anyone. The language of Section 455 is straightforward and precise, which makes it easy to understand what conduct is prohibited. However, it is important to note that this section only applies to gold or silver coins. Counterfeiting of other forms of currency, such as paper money, is addressed under a separate section of the Criminal Code. Section 455 also serves as a reminder of the importance of maintaining the integrity of currency. Currency serves as a cornerstone of the economy, and trust in its validity is essential for economic stability. Counterfeiting undermines this trust, and it is therefore important for governments to take strong action to prevent and punish this conduct. In conclusion, Section 455 of the Criminal Code of Canada is an important provision that serves as a deterrent for counterfeiting of gold or silver coins. The severity of the punishment is a testament to the seriousness of this offence, and it is an essential component in maintaining trust in the currency and the economy as a whole.

STRATEGY

When dealing with Section 455 of the Criminal Code of Canada, there are several strategic considerations that must be taken into account. This section deals with the intentional impairment of gold or silver coins with the aim of passing them as currency. It is, therefore, an offence that involves fraud and dishonesty and, like any such offence, requires a strategic approach when dealing with it. One of the key strategic considerations when dealing with this section is to consider the intent of the offender. To prove that an individual is guilty of this offence, it needs to be established that they intentionally reduced the value of a gold or silver coin, with the aim of passing it off as a legitimate coin. If there is no intent, there can be no offence. Therefore, the defence strategy will be to challenge the prosecution's ability to prove that the accused had the requisite intention. Another important strategic consideration is the actual physical alteration to the coin. The code states that the coin must be "impaired, diminished, or lightened." Impairment of a coin could be a matter of degree. The prosecution must prove that the alteration was significant enough to reduce the value of the coin. As such, the defence strategy could involve seeking expert testimony regarding the degree of impairment. If the coin is only slightly altered, then the accused may have a stronger case against the charges. The prosecution will also need to prove that the accused intended to pass the impaired coin as currency. This is not always easy to establish. In some cases, the accused may have altered the coin as part of an art project, or they may have altered it as a novelty item. As such, the defence strategy could involve presenting evidence that the accused did not intend to deceive anyone by passing off the coin as currency. Furthermore, the defence strategy should consider the identity of the individual who possessed the altered coin. If the prosecution cannot prove that the accused was in possession of the coin with the intention of passing it off as currency, then the charges may not stick. As such, the defence may focus on challenging the prosecution's ability to prove that the accused possessed the coin with the intent to deceive. Another strategy that may be employed is to bring into question how the coin came to be in the possession of the accused. If the coin was given to the accused by someone else who altered it, then the accused may argue that they were not aware of the altered condition of the coin. This could shift the burden of proof to the prosecution, who would need to establish that the accused knew that the coin was impaired. In conclusion, Section 455 of the Criminal Code of Canada is a provision that requires careful consideration when it comes to establishing guilt. The prosecution must prove that the accused had the intent to deceive, and that the coin was significantly altered to the point that it could pass as currency. As such, a strategic defence will focus on challenging the prosecution on these points, showing that either the accused did not have the requisite intent, or that the coin was not altered to a degree that would deceive anyone.