Actions of Accused – Mental Element
- The accused must “knowingly”obtain or possess the ID
- The circumstances must give rise to a reasonable inference that the accused was intending to use the ID for fraud
- In many cases and additional charge will accompany this charge. This charge is in addition to the other charge as using the ID of another person aggravates fraud when it can damage the financial reputation of person whose identity has been stolen.
- There are specific offences which are mentioned in Section 402.2(3) as having elements of fraud, deceit, or falsehood. The circumstances must reasonably show the accused intended, or has committed one of these offences.
- The accused must possess, use, or have obtained another persons “Identity Information”.
- See the link for a legal definition of “Identity Information”.
- The legal definition is broad and includes “any” information that is commonly used to identify a person
Section 402.2(1) – Identity Theft
Indictable Offences with elements of Fraud, Deceit, Falsehood