Toronto Forged Document Lawyer

Are you facing a Utter Forged Document Charge in Ontario? This article provides key information to give you an overview of how these types of cases work in the Ontario Court of Justice, and what you’re up against. Needless to say, you cannot replace the value of representation with online learning. To that end, it is imperative that one of your next steps is to consult (and ideally retain) a Toronto Forged Document Lawyer to assist.

What Does the Offence of Utter Forged Document Involve

The offence of uttering a forged document is governed by Section 368 of the Criminal Code of Canada. This section outlines that anyone who, knowing or believing that a document is forged, uses, deals with, or acts on it as if it were genuine, or causes or attempts to cause any person to use, deal with, or act on it as if it were genuine, commits an offence. Some of the words in the legislation carry specific legal meaning, and consulting with a Toronto Forged Document Lawyer before making any decision about your case is crucial.

The law also specifies that the place where the document was forged is not material to the proceedings, meaning that the offence can be prosecuted regardless of where the forgery occurred.

Additionally, the mens rea for this offence requires that the accused must intend that someone act on the forged document as if it were genuine; only an intent to deceive is required, and an intention to cause prejudice is not necessary: R. v. Benson, [2010] M.J. No. 101.

What Are the Potential Punishments for Utter Forged Documents

The potential punishments for uttering a forged document vary depending on how the Crown proceeds with the charge. If the Crown proceeds by indictment, the offender is liable to imprisonment for a term not exceeding ten years. Alternatively, if the Crown proceeds by summary conviction, the punishment is less severe, but the specific penalties are not detailed in the search results.

The sentencing range for uttering forged documents in Canada varies significantly depending on the circumstances of the offence and the offender’s criminal history. Generally, sentences can range from discharges in exceptional cases to incarceration.

In some cases, sentences for uttering forged documents have been relatively lenient. For instance, in R. v. Booker, the trial judge imposed a six-month consecutive custodial sentence for uttering forged documents, considering the principle of totality and the COVID-19 collateral consequence R. v. Booker, [2024] O.J. No. 1183. Similarly, in R. v. Fairbarn, the sentence for uttering forged documents was varied to a conditional sentence of 12 months R. v. Fairbarn, [2020] O.J. No. 5376.

However, more severe sentences have also been imposed in cases involving more serious circumstances. In R. v. Simmons, the offender received a global sentence of three years’ incarceration, which included one year concurrent for the forged document, due to the offender’s lengthy related criminal record and the sophisticated nature of the fraud R. v. Simmons, [2018] B.C.J. No. 520. In R. v. King, the appellant was sentenced to 42 months’ imprisonment for six counts of uttering forged documents and six counts of trafficking in a controlled substance, with the court emphasizing the seriousness of forgery and the breach of trust involved R. v. King, [2013] O.J. No. 2850.

To determine the sentencing range on the facts of your case, you would need to have a Toronto Forged Document Lawyer to review your disclosure. Without that, a lawyer is speculating on what penalties you may face.

How to Beat a Forged Document Charge

When you are charged, you are presumed innocent of any crime — do not forget that. Often, people wrongfully equate being charged with being guilty of an offence. That’s plain wrong. There may be defences you can raise in your case if a Toronto Forged Document Lawyer properly reviews it.

Potential defences for uttering forged documents can vary, but they generally revolve around the lack of knowledge or intent required to commit the offence. One primary defence is that the accused did not know the document was forged. The offence of uttering a forged document requires proof that the accused knew the document was false and intended for someone to act upon it as if it were genuine R. v. G.T., [2016] N.J. No. 406, R. v. Gardner, [2014] N.J. No. 72, R. v. Scholz, [2020] B.C.J. No. 991. If the accused can demonstrate that they genuinely believed the document was authentic, this could negate the mens rea required for the offence.

Another defence is the absence of intent to deceive. The essence of the offence is the use of the document by the accused with the intent to deceive, not necessarily to defraud or cause prejudice. If the accused can show that there was no intent to deceive anyone, this could serve as a valid defence.

Additionally, mere preparation to utter a forged document is not sufficient for a conviction. There must be evidence that the accused began using the forged document or acted upon it as though it were genuine. If the accused can prove that their actions did not go beyond preparation, this could also be a defence.

Lastly, the context in which the document was used can be relevant. For example, if the document was used in a situation where all parties involved were aware of its nature and no one was misled, this could potentially negate the offence.

Retaining a Toronto Forged Document Lawyer

In summary, uttering a forged document is a serious offence under Canadian law, with significant potential penalties, especially if prosecuted by indictment. The key elements include the knowledge of the forgery and the intent to use the document as if it were genuine. Retaining an experienced Criminal Defence Lawyer will be your most important step to improve your changes of success.

Call Andrew Captan, Toronto Forged Document Lawyer, today at (647) 878 – 6355 for a free initial consultation.