Part I

Forgery and Kindred Offences

Interpretation of Part I

Meaning of “prejudice” and “induce”.
10
1
Subject to subsections (2) and (4) below, for the purposes of this Part of this Act an act or omission intended to be induced is to a person’s prejudice if, and only if, it is one which, if it occurs—
a
will result—
i
in his temporary or permanent loss of property; or
ii
in his being deprived of an opportunity to earn remuneration or greater remuneration; or
iii
in his being deprived of an opportunity to gain a financial advantage otherwise than by way of remuneration; or
b
will result in somebody being given an opportunity—
i
to earn remuneration or greater remuneration from him; or
ii
to gain a financial advantage from him otherwise than by way of remuneration; or
c
will be the result of his having accepted a false instrument as genuine, or a copy of a false instrument as a copy of a genuine one, in connection with his performance of any duty.
2
An act which a person has an enforceable duty to do and an omission to do an act which a person is not entitled to do shall be disregarded for the purposes of this Part of this Act.
3
In this Part of this Act references to inducing somebody to accept a false instrument as genuine, or a copy of a false instrument as a copy of a genuine one, include references to inducing a machine to respond to the instrument or copy as if it were a genuine instrument or, as the case may be, a copy of a genuine one.
4
Where subsection (3) above applies, the act or omission intended to be induced by the machine responding to the instrument or copy shall be treated as an act or omission to a person’s prejudice.
5
In this section “loss” includes not getting what one might get as well as parting with what one has.
Pt. I (ss.1-13) modified (11.11.1999) by 1999 c. 33, ss. 31(3)(a), 170(3)(e)