Origin]-Code of 1892, sec. 476; R.S.C. 1886, ch. 167, sec. 18. Utters coin defaced by stamp]-The word 'utter' includes 'tender' and 'put off.' Code sec. 546 (e). Defacing current coin]-See sec. 559. Uttering uncurrent copper coin. 567. Every one who utters, or offers in payment, any copper coin, other than current copper coin, is guilty of an offence and liable, on summary conviction, to a penalty of double the nominal value thereof, and in default of payment of such penalty to eight days' imprisonment. Origin]-Code of 1892, sec. 477; R.S.C. 1886, ch. 167, sec. 33. Offences relating to copper coins]-See secs. 2 (8), 554-557, 559, 561-569, 623-626, 955, 980-981, 1041. Second offence.-Penalty. 568. Every one who, after a previous conviction for any offence relating to the coin under this or any other Act, is convicted of any offence specified in this Part is liable, (a) to imprisonment for life, if fourteen years is the longest term of imprisonment to which he would have been liable had he not been so previously convicted; (b) to fourteen years' imprisonment, if seven years is the longest term of imprisonment to which he would have been liable had he not been so previously convicted; (c) to seven years' imprisonment, if he would not have been liable to seven years' imprisonment had he not been. so previously convicted. Origin]-Code of 1892, sec. 478; R.S.C. 1886, ch. 167, sec. 13. Coinage offence after previous conviction]-See secs. 851, 963, 982, 1081. The common law requires that a second offence to be punishable as such should have taken place after the prior conviction and not merely after the offence for which the prior conviction was made. Ex parte McCoy, 36 N.B.R. 186, 7 Can. Cr. Cas. 487; R. v. South Shields Justices [1911] 2 K.B. 1. There may be a prior conviction for the purpose of a second offence prosecution although sentence was suspended on the first. R. v. Blaby [1894] 2 Q.B. 170. Advertising Counterfeit Money. or Advertising counterfeit money. Using any fictitious name address. Taking from the mails any letter to a fictitious address. Purchasing counterfeit money. 569. Every one is guilty of an indictable offence and liable to five years' imprisonment who, (a) prints, writes, utters, publishes, sells, lends, gives away, circulates or distributes any letter, writing, circular, paper, pamphlet, handbill or any written or printed matter, advertising, or offering or purporting to advertise or offer for sale, loan, exchange, gift or distribution, or to furnish, procure or distribute, any counterfeit token of value, or what purports to be a counterfeit token of value, or giving or purporting to give, either directly or indirectly, information where, how, of whom or by what means any counterfeit token of value, or what purports to be a counterfeit token of value, may be procured or had; or, (b) in executing, operating, promoting or carrying on any scheme or device to defraud, by the use or by means of any papers, writings, letters, circulars or written or printed matters concerning the offering for sale, loan, gift, distribution or exchange of counterfeit tokens of value, uses any fictitious, false or assumed name or address, or any name or address other than his own right, proper and lawful name; or, (c) in the execution, operating, promoting or carrying on, of any scheme or device offering for sale, loan, gift, or distribution, or purporting to offer for sale, loan, gift or distribution or giving or purporting to give information, directly or indirectly, where, how, of whom or by what means any counterfeit token of value may be obtained or had, knowingly receives or takes from the mails, or from the post office, any letter or package addressed to any fictitious, false or assumed name or address, or name other than his own right, proper or lawful name; or, (d) purchases, exchanges, accepts, takes possession of or in any way uses, or offers to purchase, exchange, accept. take possession of or in any way use, or negotiates or offers to negotiate with a view to purchasing or obtaining or using any such counterfeit token of value, or what purports so to be. Origin]-Code of 1892, sec. 480; 51 Vict., Can., ch. 40, sees. 2 and 3. Counterfeit bank note]-See sees. 550, 551. Counterfeit token of value]-See definition in sees. 546 (ƒ), 549. Paper money genuine but valueless]-In the case of coin or paper money which, although genuine, has no value as money, it is necessary in order to constitute an offence under this Part that there should be knowledge on the part of the person charged that such coin or paper money was of no value as money, and a fraudulent intent on his part in his dealings with or with respect to the same. Code sec. 549. Before the Code it had been held that a person indicted for offering to purchase counterfeit tokens of value could not be convicted on evidence showing that the notes which he offered to purchase were not counterfeit, but genuine bank notes unsigned, though he believed them to be counterfeit, and offered to purchase them under such belief. R. v. Attwood (1891), 20 Ont. R. 574. The present definition includes such paper where there is knowledge by the accused that it was of no value and a fraudulent intent in dealing with it. Sub-sec. (a) What purports to be a counterfeit token of value]— Section 569 of the Code covers not only the case of counterfeit money, i.e., false tokens purporting to be bank notes, etc., but false tokens purporting to be counterfeit tokens. The words "what purports to be” in this section import what appears on the face of the instrument; and therefore what was said to the prisoner, or what he thought or believed, would not be of any moment. R. v. Attwood (1891), 20 Ont. R. 574, 578. But see sec. 549 as to genuine but valueless paper money. A paper which is a spurious imitation of a government treasury note is a counterfeit, or what purports to be a counterfeit, token of value, although there is no original of its description. R. v. Corey (1895), 1 Can. Cr. Cas. 161, 33 N.B.R. 81. Fraudulent scheme as to counterfeit money]--On the trial of any person charged with any of the offences mentioned in sec. 569, any letter, circular, writing or paper, offering or purporting to offer for sale, loan, gift or distribution, or giving or purporting to give information, directly or indirectly, where, how, of whom, or by what means, any counterfeit token of value may be obtained or had, or concerning any similar scheme or device to defraud the public, shall be prima facie Evidence of the fraudulent character of such scheme or device. Sec. 981. Unlawful possession of forged bank note]---Code secs. 550, 629-631, 632; R. v. Tutty, 38 N.S.R. 136, 9 Can. Cr. Cas. 544. PART. X. ATTEMPTS CONSPIRACIES-ACCESSORIES. Attempt to commit certain indictable offences. 570. Every one is guilty of an indictable offence and liable to seven years' imprisonment who attempts, in any case not hereinbefore provided for, to commit any indictable offence for which the punishment is imprisonment for life, or for fourteen years, or for any term longer than fourteen years. Origin]-Sec. 528, Code of 1892. Attempt]-By sec. 72, every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object is guilty of an attempt to commit the offence intended, whether under the circumstances it was possible to commit such offence or not. It is a question of law whether an act done with intent to commit an offence is too remote to constitute an attempt. Sec. 72 (2); R. v. Laitwood (1910), 4 Cr. App. R. 248. "Not hereinbefore provided for "1-Offences as to which special provision has been made for the punishment of attempts are included in the following sections of the Code; sec. 188, attempt to break prison, two years; sec. 203, attempt to commit buggery, ten years; sec. 216 (amendment of 1909), procuring, five years; sec. 264, attempt to commit murder, life imprisonment; sec. 270, attempt to commit suicide, two years; sec. 280 (b), attempt to cause bodily injuries by explosives thrown against vessel, fourteen years; sec. 300, attempt to commit rape, seven years; sec. 302, attempt to defile child, two years and whipping; sees. 303, 304 and 305, attempt to procure miscarriage, life imprisonment (303); seven years (304), two years (305); sec. 478, attempt to obtain money or property by forged document, fourteen years; sec. 512, attempt to commit arson, fourteen years; sec. 514, attempt to set fire, seven years; sec. 521, attempt to damage telegraph, etc., fifty dollars fine on summary conviction or three months; sec. 523, attempt to wreck, fourteen years; sec. 536, attempt to injure cattle, two years. Verdict for attempt when proved on charge of principal offence]Code sec. 949. Attempt to commit other indictable offences. 571. Every one who attempts to commit any indictable offence for committing which the longest term to which the offender can be sentenced is less than fourteen years, and no express provision is made by law for the punishment of such attempt, is guilty of an indictable offence and liable to imprisonment for a term equal to one-half of the longest term to which a person committing the indictable offence attempted to be committed may be sentenced. Origin]-Sec. 529, Code of 1892. Attempt proved where full offence charged]-Code sec. 949.. Attempts by fraudulent means]-An indictment charging any attempted offence by fraudulent means need not set out in detail in what the fraudulent means consisted; sec. 863; but there should be sufficient particularity to give the accused notice of the offence with which he is charged; secs. 852 and 853; and particulars may be ordered under sec. 859. A conviction for attempting to obtain money by false pretenses is good, although the person to whom the false pretense is made knows it to be false. R. v. Light (1915) 24 Cox C.C. 718, following R. v. Hensler, 11 Cox C.C. 570, 22 L.T.R. 691; and see R. v. Lyons (No. 1) 16 Can. Cr. Cas. 152 (Que.); R. v. Lyons (No. 2) 16 Can. Cr. Cas. 352 (Que.). Distinguishing attempt from intent or threat]-On an indictment charging an attempt to commit a crime it may be a misdirection not to distinguish an attempt in law from an intention or a threat; R. v. Landow, (1913) 8 Cr. App. R. 218; so where there was evidence on which the jury might have found an attempt but not evidence on which it was necessary that they should take that view, it is particularly necessary that the judge should explain the difference between an attempt. a mere intention and an idle threat. Ibid. An attempt implies an intent. Code sec. 72; but intending to commit a crime is not the same as attempting to commit it. R. v. McCarthy, (1917) 41 O.L.R. 153, 13 O.W.N. 210, 29 Can. Cr. Cas. 448; R. v. Eagleton, (1885) Dears. C.C. 515; R. v. McPherson, (1857) Dears. & B. 197. It is open to the jury to believe any part of any evidence and disbelieve any other part, and they may therefore, on a charge in respect of the principal offence credit the testimony only in so far as it shows the lesser offence of an attempt; R. v. McCarthy, supra; R. v. Hamilton, (1897) 4 Can. Cr. Cas. 251 (Ont.); but there may be particular circumstances under which there must have been either the complete offence or no offence at all. R. v. Menary (1911) 23 O.L.R. 323, 18 Can. Cr. Cas. 237. |