INTRODUCTION AND BRIEF DESCRIPTION
It is illegal to sell or offer to sell counterfeit money or tokens of value, or to purchase or deal with them.
SECTION WORDING
460(1) Every one who (a) by an advertisement or any other writing, offers to sell, procure or dispose of counterfeit money or counterfeit tokens of value or to give information with respect to the manner in which or the means by which counterfeit money or counterfeit tokens of value may be sold, procured or disposed of, or (b) purchases, obtains, negotiates or otherwise deals with counterfeit tokens of value, or offers to negotiate with a view to purchasing or obtaining them, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
EXPLANATION
Section 460(1) of the Criminal Code of Canada outlines the criminal offense of dealing with counterfeit currency or tokens of value. The section prohibits two types of activities, namely offering to sell, procure, or dispose of counterfeit money or tokens, or offering information on how to do so, and purchasing, obtaining, negotiating, or dealing with counterfeit tokens of value. The section is applicable in situations where an individual holds or acquires counterfeit currency or tokens and intends to use them in exchange for goods or services. It is also relevant for those who engage in the business of creating or dealing with counterfeit currency or tokens, either directly or indirectly. The punishment for violating this section is an indictable offense, which carries a maximum penalty of imprisonment for five years. Additionally, individuals convicted under this section may face significant financial penalties and forfeiture of any assets associated with their illegal activities. The aim of Section 460(1) is to ensure the integrity of Canada's financial system by preventing the circulation of counterfeit currency or tokens of value, which can have negative consequences on the economy, individuals, and businesses. The section serves as a deterrent and helps to maintain public trust in the country's financial system by punishing those who engage in such illegal activities.
COMMENTARY
Section 460(1) of the Criminal Code of Canada deals with the crime of dealing with counterfeit money or tokens of value. The section criminalizes two kinds of acts: offering to sell, procure, or dispose of counterfeit money or tokens of value through an advertisement or any other writing, and purchasing, obtaining, negotiating, or otherwise dealing with counterfeit tokens of value. The section is introduced with the phrase "Every one who," which means that anyone who commits the acts specified in the section is guilty of an indictable offence. The penalty for such offence is imprisonment for a term not exceeding five years. Counterfeiting is a serious threat to the economy of any country. It undermines consumer confidence in the financial system and can cause significant harm to businesses that unwittingly accept counterfeit money or tokens of value. As such, it is a crime that needs to be taken seriously and punished accordingly. Section 460(1) makes it illegal to deal with counterfeit money or tokens of value in any way. This means that even offering to sell, procure, or dispose of counterfeit money or tokens of value is a crime, regardless of whether the transaction actually takes place. This provision is important because it recognizes that the act of offering counterfeit money or tokens of value for sale is in itself harmful to the economy and society. The section also criminalizes the act of purchasing, obtaining, negotiating, or otherwise dealing with counterfeit money or tokens of value. This provision is important because it recognizes that those who knowingly deal with counterfeit money or tokens of value are just as guilty as those who produce it. Without a market for counterfeit money or tokens of value, there would be no incentive for criminals to produce it. Furthermore, section 460(1) criminalizes giving information with respect to the manner in which or the means by which counterfeit money or tokens of value may be sold, procured, or disposed of. This provision recognizes that those who facilitate the sale or distribution of counterfeit money or tokens of value are just as guilty as those who commit the primary offences. In conclusion, section 460(1) of the Criminal Code of Canada is an important provision that criminalizes dealing with counterfeit money or tokens of value. The section recognizes that counterfeiting is a serious threat to the economy and society, and those who knowingly deal with counterfeit money or tokens of value are just as guilty as those who produce it. By imposing heavy penalties on those who deal with counterfeit money or tokens of value, the law aims to deter individuals from committing this crime and protect the financial system from harm.
STRATEGY
Section 460(1) of the Criminal Code of Canada prohibits the sale, procurement, or disposal of counterfeit money or tokens of value, or the provision of information on how to engage in such activities. It also criminalizes the purchase, negotiation, or dealing with counterfeit tokens of value. Any person found guilty of this offence is subject to imprisonment for up to five years. When dealing with this section of the Criminal Code, it is important to understand the legal nuances involved to develop effective strategies. Some strategic considerations include: 1. Understanding the elements of the offence: Before developing a strategy, it is necessary to understand the elements required to establish the offence under this section. For example, the prosecution must prove that the defendant either engaged in the sale or procurement of counterfeit tokens of value or provided information on how to do so. Or, that the defendant purchased, obtained, or negotiated for counterfeit tokens of value. 2. Investigating the case: Conducting a thorough investigation is crucial in developing a strong defence strategy. This may involve examining the evidence presented by the prosecution, interviewing witnesses, and conducting forensic analyses. 3. Evaluating the chances of success: Based on the evidence and circumstances of the case, it is necessary to evaluate the chances of success of each defence strategy. This may include exploring alternative options, such as plea bargaining or seeking a reduced sentence in exchange for cooperation with law enforcement. 4. Seeking legal advice: It is essential to seek legal advice when dealing with this section of the Criminal Code. An experienced criminal defence lawyer can assess the situation, provide guidance, and develop a defence strategy tailored to the specific needs of the client. 5. Developing a strong defence strategy: A defence strategy will depend on the specific elements of the case. In some cases, it may be possible to argue that the defendant did not have the intent to commit the offence or that there was a lack of evidence. In other cases, it may be possible to negotiate a plea bargain to reduce charges or secure a lesser sentence. In conclusion, dealing with section 460(1) of the Criminal Code requires careful planning and the development of a strong defence strategy. By understanding the elements of the offence, conducting a thorough investigation, seeking legal advice, and developing a tailored defence strategy, it is possible to achieve a favourable outcome in court.