Digest: R v Hartle, 2018 SKPC 62

Date:October 18, 2019
 
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Reported as: 2018 SKPC 62

Docket Number: 991022879|991037480|991063833 , PC18059

Court: Provincial Court

Date: 2019-10-18

Judges:

  • Agnew

Subjects:

  • Criminal Law � Possession of Counterfeit Money
  • Statutes � Interpretation � Criminal Code, Section 448

Digest: The accused pled guilty to robbery with an imitation firearm, possession of counterfeit money, breach of probation by failing to keep the peace and failing to report, and failure to attend court. During its sentencing of the accused, the court considered the issue of whether the bills constituting the counterfeit money in this case were to be considered counterfeit in law under s. 448 of the Criminal Code because the accused could not be convicted of the offence if the pieces of paper in question were not capable of constituting counterfeit money. The accused had in his possession ten bills that resembled Canadian currency of $20, $50 and $100 denominations, but bore very prominent markings with a series of Chinese characters in colours contrasting with the normal currency colours and occupying a significant amount of space on each bill�s surface. The Crown provided information from the RCMP that bills of this type with the same serial numbers were known to have passed as genuine.
HELD: The bills were found to be counterfeit. The accused was sentenced to three years on the charge of robbery with an imitation firearm and given credit for remand of one year and 27 days; six months consecutive for possession of counterfeit money; two months consecutive for breach of probation by failing to keep the breach, and seven days consecutive for breach of probation for failing to report and failure to attend court. The court found that the bills in this case were capable of constituting counterfeit money. The court found that money is counterfeit if it is reasonably possible that it will be accepted in a commercial transaction by a person of ordinary prudence and vigilance. The intention of the holder or the maker to use the bills as currency is irrelevant but rather it is the potential for harm which is the
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