The defendant appealed his conviction under section 5(2). He had been found with a false passport. He was charged under 5(1), and offered a plea to a charge under 5(2), but the judge refused to add a count. The jury declined to convict and substituted the 5(2) conviction after the trial.
Held: A section 5(1) charge impliedly included an offence under 5(2), but where the evidence might support either charge, courts would be better advised to add them as alternate counts.
Judges:
Lord Justice Pill Mr Justice Stanley Burton His Honour Judge Fawcus
Citations:
[2003] EWCA Crim 576, Times 17-Mar-2003
Links:
Statutes:
Forgery and Counterfeiting Act 1981 5(1) 5(2)
Jurisdiction:
England and Wales
Crime
Updated: 23 May 2022; Ref: scu.179551