section 456

INTRODUCTION AND BRIEF DESCRIPTION

Defacing or using a defaced current coin is a summary conviction offence under Section 456 of the Criminal Code of Canada.

SECTION WORDING

456 Every one who (a) defaces a current coin, or (b) utters a current coin that has been defaced, is guilty of an offence punishable on summary conviction.

EXPLANATION

Section 456 of the Criminal Code of Canada is a provision that deals with the defacement of current coins and their unlawful circulation. According to this section, any individual who intentionally modifies, alters, or defaces a current coin is guilty of an offense that can be punished through summary conviction. Similarly, anyone who knowingly circulates a defaced coin is also committing an offense that is punishable. The defacement of coins can be done in various ways, such as by scratching, engraving, or melting them. This provision in the Criminal Code seeks to deter people from engaging in such practices by making it illegal. The circulation of defaced coins is also prohibited under this section to safeguard the integrity of the currency system and prevent the loss of money to the economy. By criminalizing the defacement and circulation of defaced coins, the law ensures that the monetary system remains stable and reliable. Any defacement of coins can lead to a reduction in their value, and therefore it is important to protect coins from such harmful practices. Violation of this provision can result in summary conviction, which carries penalties such as fines or even imprisonment, depending on the gravity of the offense. In conclusion, Section 456 of the Criminal Code of Canada is a crucial provision that helps to protect the monetary system from harm. By prohibiting the defacement and circulation of defaced coins, this section aims to prevent economic losses and maintain the stability of the currency system. Anyone found guilty of violating this provision may face penalties such as fines or imprisonment.

COMMENTARY

Section 456 of the Criminal Code of Canada prohibits the defacement of current coins and the uttering of defaced coins. The section carries a summary conviction and serves as an essential tool to maintain the integrity of currency in Canada. The Canadian government prints and mints its currency to ensure that it meets specific security features that make it difficult to counterfeit. Defacing currency through engraving, scratching, or cutting poses a threat to the authenticity and value of the currency. While defacing coins may seem harmless, it can lead to a widespread loss of confidence in the currency, making it worthless and affecting the country's economy. Section 456 of the Criminal Code of Canada ensures that the currency's integrity is maintained by seeking to deter individuals from defacing or using defaced currency. Defacing coins is a criminal offence punishable by summary conviction, meaning it is considered a minor offence. Offenders may not face severe penalties, such as imprisonment, and may only face fines or community service. Nevertheless, the section serves as a reminder of the severity of the offence and the potential negative consequences that can arise from such activities. The defacing of coins, for example, can lead to legitimate currency being mistaken for counterfeit currency, with individuals refusing to accept it as a valid payment method. This can create confusion and mistrust among the public, especially in situations where coins are used for transactions such as arcade games or vending machines. Section 456(b) of the Criminal Code of Canada, which prohibits individuals from uttering defaced coins, is equally important. Uttering refers to using the currency as if it were valid, intending to deceive the recipient. Uttering defaced coins can lead to economic loss to the recipient, who may not be able to use the coins in exchanges. The use of defaced currency may also cause issues in validating payments and ensuring that the right change is given. These issues can lead to disputes in commercial transactions such as small businesses, retail stores, and food vendors. In conclusion, Section 456 of the Criminal Code of Canada serves a critical role in safeguarding the integrity of the Canadian currency. It helps to protect against the widespread defacement of coins, ensuring the public has confidence in the value of the currency. While the penalties for defacing currency may not be severe, the section serves as a reminder for individuals to respect and protect the currency from harm. Ultimately, preserving the integrity of the currency through measures such as Section 456 of the Criminal Code is essential for maintaining a stable economy and ensuring that the public has trust in the monetary system.

STRATEGY

Section 456 of the Criminal Code of Canada involves the defacing or uttering of a current coin and imposes a criminal liability on the offender. If someone is charged with this offence, there are certain strategic considerations that one should keep in mind, along with some strategies that could be employed to deal with such a charge. The first strategic consideration is that the accused should immediately seek the advice of a criminal defence lawyer. The lawyer will assess the facts and the evidence of the case and provide guidance on how to proceed. A lawyer will help the accused to understand the charges and the potential consequences of a conviction, including any penalties or fines. The second strategic consideration is to assess the strength of the prosecution's case. If the prosecution has a strong case against the accused, then it may be advisable to consider a plea bargain. A plea bargain is an agreement between the accused and the prosecution to plead guilty to a lesser charge in exchange for a reduced sentence. If the accused decides to plead guilty, then a plea bargain can help to mitigate the penalties and avoid the risk of a guilty verdict at trial. The third strategic consideration is to determine if there are any defences available. For example, one such defence may be that the accused did not intend to deface the coin or did not know that the coin was defaced. Another defence may be that the defacement was not significant enough to constitute a criminal offence. It is important to consult with a criminal defence lawyer to determine the availability of any defences in the case. Once these strategic considerations have been addressed, there are several strategies that can be employed to deal with a charge under section 456 of the Criminal Code of Canada. The first strategy is to challenge the evidence. If the prosecution's case hinges on certain pieces of evidence, such as surveillance footage or eyewitness testimony, then the defence can challenge the accuracy or reliability of that evidence. For example, the defence may argue that the footage is of poor quality, or that the witnesses may have had a faulty memory. The second strategy is to negotiate with the prosecution to have the charges withdrawn or dropped. Negotiating with the prosecution can help to avoid the cost, stress and uncertainty of a trial. It is important to obtain the assistance of a criminal defence lawyer to negotiate effectively. The third strategy is to prepare a strong defence. If the case goes to trial, the defence will need to prepare a strong argument to present in court. The defence lawyer will gather evidence, interview witnesses and prepare legal arguments to show that there is a reasonable doubt about the accused's guilt. In conclusion, if someone is charged with an offence under section 456 of the Criminal Code of Canada, there are several strategic considerations and strategies that can be employed to deal with the charge. Seeking advice from a criminal defence lawyer, assessing the strength of the prosecution's case, determining the availability of any defences and negotiating with the prosecution or preparing a strong defence are all vital steps that must be taken to achieve the best possible outcome.