Elements of Identity Fraud – Section 403 (Formerly Personation)

Date and Time and Location of the Offence

Identification of the Accused

Personates another person

• The Accused must have assumed the identity of another actual person.  This person may have died but it essential to show that the accused was holding themselves out as another person.  Simply using a false manufactured name will not meet this element. Be prepared to show that there is a real person and that the accused used this person’s “identity information” in order falsely represent themselves.

For a fraudulent purpose (the mental element)

• Articulate the facts which prove what the intent of the accused was. There are 4 “fraudulent” ways the accused can use this persons identity
  1. Intent to gain advantage
     • “Advantage” is not just  monetary, it can be to better posisition or favourable circumstance.
  2. Intent to obtain property
  3. Intent to cause disadvantage to another
     • The disadvatage is NOT restricted to the person whose identity has been stolen
  4. Intent to avoid arrest or prosecution
     • Consider this section over obstruct PO as this section has a higher jeopardy.

Links:

Statutory Wording: Section 403 – Identity Fraud

Definition of Identity Information