R. v. Nuosci, (1991) 51 O.A.C. 41 (CA)

• Judge: Morden, A.C.J.O., Lacourcière and Robins, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: December 18, 1991
• Jurisdiction: Ontario
• Citations: (1991), 51 O.A.C. 41 (CA)

R. v. Nuosci (1991), 51 O.A.C. 41 (CA)

MLB headnote and full text

Her Majesty The Queen (respondent) v. Arturo Nuosci (applicant/appellant)

(No. 640/90)

Indexed As: R. v. Nuosci

Ontario Court of Appeal

Morden, A.C.J.O., Lacourcière and Robins, JJ.A.

December 18, 1991.

Summary:

The accused was convicted of making a false document (fabricated photocopy of a cheque), thereby committing forgery contrary to s. 367(1) of the Criminal Code. The accused was also convicted of causing a person to act on the forged document, con­trary to s. 368(1)(b). The accused was sen­tenced to 15 months' imprisonment on each count (concurrent). The accused appealed the convictions and sentences. The accused submitted that a photocopy of a cheque was not a "false document".

The Ontario Court of Appeal dismissed the conviction appeal and allowed the sentence appeal. The court reduced the sentences to six months' imprisonment.

Criminal Law - Topic 1970

Offences against property - Forgery - Making a false document - The accused altered a $300 cheque to make it for $30,000 and payable to a politician's cam­paign - The accused photocopied the cheque and the politician's signature and gave copies to the police to discredit the politician - The accused admitted the altered cheque was a "false document", but submitted that a photocopy of a false document was not itself a false document - Section 321(b) of the Criminal Code defined "false document" as a document that was false in some material particular - The Ontario Court of Appeal held that the photocopy was a false document - It was false in reference to the very purpose for which it was created and was, accordingly, false in more than one material particular - See paragraphs 16 to 41.

Criminal Law - Topic 1973

Offences against property - Forgery - Forged documents - Photocopies - [See Criminal Law - Topic 1970 ].

Criminal Law - Topic 5876

Sentence - Forgery - [See Criminal Law - Topic 5953 ].

Criminal Law - Topic 5953

Sentence - Falsification of books and documents - The 26 year old accused wished to expose a corrupt politician - He altered a $300 cheque to make it $30,000 and payable to the politician's campaign - He photocopied the cheque, photocopied the politician's signature onto the back and presented photocopies to the police as proof of corruption - The accused was convicted of making a false document (forgery) and causing someone to act upon the false document as if it was genuine - The accused had a medical condition that would be aggravated by incarceration - The trial judge sentenced the accused to 15 months' imprisonment on each count (con­current) - The Ontario Court of Appeal reduced the sentences to six months' im­prisonment (concurrent) - See paragraphs 55 to 61.

Cases Noticed:

R. v. Chow Sik Wah et al. (1963), 42 C.R. 87 (Ont. C.A.), not appld. [para. 20].

R. v. Gaysek (1971), 15 C.R.N.S. 345 (S.C.C.), appld. [para. 20].

R. v. Harris (1965), 49 Cr. App. R. 330 (C.A.), refd to. [para. 36].

R. v. Sebo (1988), 87 A.R. 141; 42 C.C.C.(3d) 536 (C.A.), refd to. [para. 37].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 321(b), sect. 366(1), sect. 366(2), sect. 368(1) [para. 11].

Authors and Works Noticed:

Commentary on R. v. Harris, [1965] Crim. Law Rev. 551, generally [para. 36].

Mewett and Manning, Criminal Law (2nd Ed. 1985), pp. 665-666 [para. 35].

Counsel:

Marc Rosenberg, for the appellant;

Kenneth L. Campbell, for the respondent.

This appeal was heard on November 4 and 5, 1991, before Morden, A.C.J.O, Lacour­cière and Robins, JJ.A., of the Ontario Court of Appeal.

The judgment of the Court of Appeal was delivered by Morden, A.C.J.O., and released on December 18, 1991.