2 minute read
4. Possession of Paper for Currency Notes
This offence is committed by any person who, without lawful authority or lawful or reasonable excuse (the proof whereof lies on the person accused) has in his possession, knowing the same to be forged, counterfeited or altered, any forged, counterfeited or altered currency note issued or deemed to be issued under the Ordinance or any unfinished or incomplete note purporting to be so issued. The punishment is imprisonment from thirteen months to five years.
By Section 15 of the Forgery Act, 1913, of the United Kingdom, it is provided that where the having any document, etc., in the custody or possession of any person is in the Act expressed to be an offence, a person is deemed to have a document, etc., in his custody or possession if he (a) has it in his personal custody or possession; or (b) knowingly and wilfully has it in the actual custody or possession of any other person, or in any building, lodging, apartment, field, or other place, whether open or enclosed, and whether occupied by himself or not. It is immaterial whether the document, etc., is had in such custody, possession, or place for the use of such person or for the use or benefit of another person.
Advertisement
As to the meaning of "lawful authority or excuse” see Dickins v. Gill (1896), 2 Q.B. 310; R. v. Mervey, L. R. 1, C.C.R. 284.
The presumption of guilt is placed on the person found in possession and it is for him to prove, if he can, a lawful authority or excuse. But where, in any case, some matter is presumed against an accused person "unless the contrary is proved”, the burden of proof required is less than that required at the hands of the prosecution in proving the case so as to satisfy the jury of the prisoner’s guilt, and is analogous to that laid on a party in a civil action. The burden, therefore, may be discharged by evidence satisfying the jury of the probability of that which the accused is called to establish271 .
4. Possession of Paper for Currency Notes
This offence is committed by any person who, without lawful authority or lawful or reasonable excuse (the proof whereof lies on the person accused) makes use of or knowingly has in his possession any paper with any word, figure, device or distinction peculiar to and appearing in the substance of the paper used for currency notes issued
271 R. vs Carr-Briant (1943), K.B. 607; 29 Cr. App. R. 71
