INTRODUCTION AND BRIEF DESCRIPTION

A person cannot be convicted of using counterfeit money if they didnt know it was counterfeit and had no fraudulent intent.

SECTION WORDING

460(2) No person shall be convicted of an offence under subsection (1) in respect of genuine coin or genuine paper money that has no value as money unless, at the time when the offence is alleged to have been committed, he knew that the coin or paper money had no value as money and he had a fraudulent intent in his dealings with or with respect to the coin or paper money.

EXPLANATION

Section 460(2) of the Criminal Code of Canada sets out the circumstances in which a person can be convicted of an offence for dealing with counterfeit money or coins. The section specifies that a person cannot be convicted of such an offence if the coins or paper money in question are genuine, but have no value as money. This means that if someone possesses a genuine coin or paper money that has been taken out of circulation and is no longer considered legal tender, they cannot be convicted of an offence under subsection (1) of Section 460. However, the section goes on to specify certain conditions that must be met for a person to be convicted of an offence under subsection (1) even if dealing with genuine coins or paper money. Specifically, the person must have known that the coin or paper money had no value as money, and they must have had a fraudulent intent in their dealings with or with respect to the coin or paper money. This means that if someone is knowingly trying to pass off or use coins or paper money that they know to be worthless, and they have a fraudulent intent in doing so (i.e., they intend to deceive or defraud someone), they can still be convicted of an offence under subsection (1). This is designed to protect against fraud and deception, even in cases where the value of the coins or paper money in question is negligible. Overall, Section 460(2) serves as an important safeguard against fraudulent conduct related to coins or paper money, even in cases where the value of the currency in question is minimal. By setting out clear conditions for conviction under subsection (1), the section ensures that individuals are not unjustly punished for innocent possession of currency that has no monetary value.

COMMENTARY

The Criminal Code of Canada is the primary legislation that governs criminal law in the country. Section 460(2) is a provision under this code that establishes the conditions under which a person may be convicted of an offence related to counterfeit currency or paper money. Subsection (1) of section 460 establishes that any person who deals with counterfeit currency or tries to pass them off as authentic Canadian money can be charged with an offense. This includes manufacturing, importing, distributing, possessing, or knowingly making use of counterfeit currency with intent to defraud. It is very clear that such activities carry severe consequences and can lead to imprisonment and hefty fines. However, subsection (2) provides an exception to this rule by stating that a person cannot be convicted of an offense related to counterfeit currency or paper money that has no value as money, provided that the person did not have any fraudulent intent at the time of the offense. In practical terms, this means that a person may possess, deal or make use of counterfeit money that has no claim of being real Canadian currency without having the requisite knowledge or intent to defraud anyone. For example, if someone innocently receives fake paper money while engaged in a commercial transaction and does not realize its counterfeit nature, it will not be deemed as a criminal offense. However, if someone receives counterfeit money that they know is fake and then attempt to pass it off to get real money or goods from someone else, they may be charged with an offence that is punishable by law. This provision was incorporated in the Canadian Criminal Code to establish fairness in the justice system and to ensure that only those who have intent to deceive or defraud others can be convicted of a crime. The burden of proof always rests on the prosecutor to establish that the defendant knew that the fake currency was counterfeit, and that they intended to defraud or deceive someone with it. Consequently, the prosecution must be able to prove beyond reasonable doubt that the defendant had full knowledge that the money was counterfeit and was using it with fraudulent intent. In conclusion, subsection 460(2) of the Criminal Code of Canada is an essential provision that helps to safeguard the interests of individuals who accidentally possess counterfeit currency that they did not realize was fake. This section ensures that individuals are not wrongfully convicted of a crime simply due to a lack of knowledge of the true nature of the currency they possessed. However, this protective element does not shield individuals who knowingly attempt to use counterfeit currency as a means of defrauding other people, and culprits can still face punishment on conviction.

STRATEGY

Section 460(2) of the Criminal Code of Canada plays a crucial role in protecting individuals from being wrongfully convicted of offences related to counterfeit money. Nonetheless, the section presents several strategic considerations that individuals should keep in mind when dealing with it. The following are some of the strategic considerations that individuals should keep in mind when dealing with Section 460(2) of the Criminal Code of Canada. First, it is crucial to understand the elements of the offence under subsection (1) of Section 460 of the Criminal Code that the accused person is charged with. Subsection (1) criminalizes the possession, uttering, or dealing with counterfeit coins or paper money. To secure a conviction, the prosecution must prove that the accused person had possession, utterance, or dealings with counterfeit coins or paper money intentionally, without authorization, and with the knowledge that the coins or paper money were counterfeit. Therefore, if the accused person had no fraudulent intentions or no knowledge of the counterfeiting, they would be exculpated under Section 460(2). Second, accused persons should never assume that the prosecution cannot prove their intentions or knowledge. Prosecutors have various strategies to prove the accused person's guilty mind. For example, they can use circumstantial evidence, including the location where the counterfeit money was found, the accused person's association with counterfeiters, their search history and devices containing information about counterfeiting, and the accused person's attempt to pass the money off for their benefit. Third, an accused person may defend themselves by demonstrating that the counterfeit coins or paper money can be considered genuine currency or another form of value, such as novelty or collector coins. This argument is stronger when the prosecution did not prove that the accused person had knowledge of the counterfeit's falsity. However, to succeed in this defence, the accused person must provide reasonable grounds and evidence to prove that the coins or paper money were valuable as some other currency or valuable market. Fourth, the accused person must seek legal advice from a qualified criminal lawyer who understands the nature of the offence and can present a convincing defence in court. The criminal lawyer may strategically choose to file a Charter application challenging the admissibility of some of the prosecution's evidence for violating the accused person's rights or to negotiate with the Crown for an alternative resolution, such as a plea of guilt to a lesser offence. In conclusion, Section 460(2) of the Criminal Code of Canada protects individuals from wrongful accusations of counterfeit-related offences. However, individuals should be strategic when dealing with this section to protect their interests. Some of the strategies that can be employed include understanding the elements of the offence under subsection (1), not making assumptions about the prosecution evidence, demonstrating that the counterfeit coins or paper money can be considered legitimate forms of currency or valuable items, seeking legal advice from a qualified lawyer, and using diverse defence strategies.