Conference-R v. Richard Florin

R v. Richard Florin

Advice on plea, sentence, chances of success at trial and whether he has a defence

You live 20 Pound Street, Holloway.

Count 1 (Twenty pound note) .

When you call the mini cab who was with you?

How long had she been with you on that day ?

Does she know about the false notes?

Did   she know how many $20 pound notes you had at that time ?

Will she be agree to be a witness if its necessary ?

Driver took you  Minterne Road, why did you go there?

How many $20 pound notes did you have in your pocket at that time?

Were they all false?

What time did the mini cab driver leave you? 2.20  am

What time police arrest you?

Why did you lie to the police at first place about the $20 pound note?

Why did you refuse to answer questions during the interview?

Why did you refuse to answer the question on $20 pound, which was found in your pocket at the police station?

Why did you keep these notes on a shelf in your cupboard?

Do you have medical report that you are in bad health

How serious is it?

How long have you been suffering with these illness ?

Do you have any permanent accommodation to stay ?

How long have you been running training programme?

Do you still run this business

How profitable is it?

Whats your friends name who introduced you with that people?

Why did you buy these false money?

You bought $5000 false notes but police found $4,800 of notes in your possession what did you do with the rest of the money?

When did you get this money?(had Ten weeks- 02-03-04)

Defence:

Honest mistake was giving it to the mini cab

Florin did not know or believe that the $20 note he passed to the taxi driver was a counterfeit note. He intended to pay for the taxi ride with a genuine $20 note, and had forgotten that the $20 note in his pocket was not genuine.

Advice:

For an offence under s. 15(1) (a) or (b), 10 years and /or a fine on indictment; six months and/or a fine not exceeding the statutory maximum summarily.

Forgery and Counterfeiting Act 1981, s.15.

(1)   it is an offence for a person-

(a)   to pass or tender as genuine any thing which is, and which he knows or believes to be, a counterfeit of a currency note or of a protected coin;

it would not be an offence under s.15, to pass or tender a note etc. which one suspects may be a counterfeit, even if the suspicion is a strong one. The section requires knowledge or belief, as in handling stolen goods under the Theft Act 1968, s.22.

This is a triable either way offence and when tried on indictment they are group A offences.

Under s. 16 (2) it is an offence for a person to have in his custody or under his control, without lawful authority or excuse, any thing which is, and which he knows or believes to be, a counterfeit of a currency note or of a protected coin.

Triable either way and Group A offence.

For an offence under s 16 (2), two years and /or a fine on indictment; six months and /or a fine not exceeding the statutory maximum summarily.

Innocent possession, the prosecution must prove the accused’s knowledge of the falsity and his ulterior intent.