INTRODUCTION AND BRIEF DESCRIPTION
Possession or use of materials intended for creating counterfeit money or tokens is an indictable offence punishable by up to 14 years imprisonment.
SECTION WORDING
458 Every one who, without lawful justification or excuse, the proof of which lies on him, (a) makes or repairs, (b) begins or proceeds to make or repair, (c) buys or sells, or (d) has in his custody or possession, any machine, engine, tool, instrument, material or thing that he knows has been used or that he knows is adapted and intended for use in making counterfeit money or counterfeit tokens of value is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
EXPLANATION
Section 458 of the Criminal Code of Canada defines the offence of possessing or dealing in tools or instruments that are intended for use in counterfeiting money or tokens of value. This section applies to any individual who knowingly possesses or deals in any machine, engine, tool, material or thing that is adapted or intended for use in counterfeiting money or tokens. The offence under Section 458 is considered a serious offence and is classified as an indictable offence. An individual found guilty of this offence is liable to imprisonment for a term not exceeding fourteen years. In order to prove the offence, the prosecution must establish that the accused had knowledge of the fact that the machine, tool, material or instrument was intended for use in counterfeiting. The burden of proof lies with the accused to show that there was lawful justification or excuse for their possession or dealing in such material. This section aims to protect the integrity of the monetary system of Canada by criminalizing the possession and use of counterfeiting tools and materials. Counterfeiting poses a serious threat to the economy, and individuals who are involved in this activity undermine the value of legal currency. Furthermore, the use of counterfeit currency can destabilize the economy and cause significant harm to the financial well-being of individuals and businesses. In summary, Section 458 of the Criminal Code of Canada is a tool that helps protect the integrity of the Canadian monetary system. The section aims to deter individuals from being involved in counterfeiting by criminalizing the possession of tools and materials that aid in the counterfeiting process. The severity of the penalty for this offence emphasizes the importance of safeguarding the monetary system to maintain financial stability and protect individual interests.
COMMENTARY
Section 458 of the Criminal Code of Canada outlines the offence related to the possession, manufacturing or repair of counterfeit currency or tokens. The section criminalizes any individual who possesses any machine, engine, tool, instrument, material, or thing with the knowledge that it has been used or intended to be used in producing counterfeit money or tokens. The offence is punishable by a maximum sentence of 14 years imprisonment. The importance of this section of the Criminal Code of Canada cannot be overstated. The currency and banking system of a country are vital components of its economy, and any attempt to undermine this system can lead to severe and long-term consequences. Counterfeiting is one such attempt to undermine the system and can have adverse impacts on the economy and society as a whole. Thus, strict measures must be in place to deal with such criminal activity. This section of the Criminal Code of Canada serves as a deterrent to those who may consider engaging in counterfeit activities. The existence of this law and its potential consequence acts as a disincentive to those who may commit such a crime. The severe penalty of up to 14 years imprisonment associated with this offence is expected to deter individuals from engaging in this illegal activity. Moreover, the scope of the offence is broad, and it encompasses not only the possession of counterfeit currency or tokens but also extends to the possession of any materials or tools that can be used for their production. This broad scope is intentional and is meant to curtail the production and circulation of counterfeit currency or tokens in Canada. It is essential to note that the proof of a lawful justification or excuse lies on the accused individual. Therefore, it is not enough to argue that the person did not know that the materials or tools in their possession could be used for the production of counterfeit currency or tokens. The defence must demonstrate that there was lawful justification or excuse for the possession of such materials or tools. In conclusion, Section 458 of the Criminal Code of Canada serves as a crucial tool to prevent counterfeiting in Canada. The offence is serious and, upon conviction, can result in severe consequences, such as a lengthy prison sentence. The broad scope of the section and the shifting of the burden of proof onto the accused make it difficult for individuals engaged in counterfeit activities to escape justice. As such, the law serves as an effective deterrent.
STRATEGY
When dealing with section 458 of the Criminal Code of Canada, there are a number of strategic considerations that must be taken into account. These include understanding the elements of the offence, building a strong defence, and considering the possible consequences of a conviction. Additionally, there are certain strategies that can be employed to mitigate the risk of being charged under this section of the Criminal Code. Firstly, it is important to understand the elements of the offence. Under section 458, an individual can be charged if they make or repair a machine, engine, tool, instrument, material or thing that they know has been used or is intended for use in making counterfeit money or tokens of value. They can also be charged if they buy or sell such items, or if they have them in their possession without a lawful justification or excuse. In order to build a strong defence, it is crucial to carefully examine the evidence that the prosecution intends to use against the accused. This may involve analyzing the circumstances under which the accused came into possession of the machine or tool, as well as the intent behind its use. In some cases, it may be possible to argue that the accused did not know that the item in question was intended for the production of counterfeit currency. If the evidence against the accused is strong, it may be advisable to consider plea bargaining with the prosecution in order to reach a reduced charge or sentence. This may involve agreeing to plead guilty to a lesser offence, or providing information or assistance to law enforcement authorities in order to secure a lesser sentence. Another strategy that can be employed is to seek legal advice as soon as it becomes clear that there may be an issue under section 458. This can help to ensure that the accused is aware of their rights and liabilities under the law, and can help to mitigate the possibility of a conviction or undue harm to the accused's reputation or business. Overall, when dealing with section 458 of the Criminal Code of Canada, it is important to understand the elements of the offence, to build a strong defence, and to carefully consider the possible consequences of a conviction. With the right legal strategy and advice, it may be possible to navigate this complex area of the law and achieve a favourable outcome.