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JGM, Solicitor
Category: Scots Law
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Experience:  28 years as a practising solicitor.
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I need to show an immigration lawyer in Canada the wording

Resolved Question:

I need to show an immigration lawyer in Canada the wording of the Fraud and kindred offences common law in Scotland for a minor conviction received in 1995, (which resulted in a 20hr community order) and cannot find anything to refer to online. Can anyone provide the wording (and its reference) of the applicable law at this time to enable him to compare the seriousness of the offence to the Canadian Statute law?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

The definition is as follows:

A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury.

There is no reference; that is simply the definition in Scotland and indeed many jurisdictions.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

Thanks for your time, that really isn't what we are looking for though - it is more a case of how would the procurator fiscal categorise the offence to the person deciding on the sentence? The best example that I can think of is for instance a murder can be categorised into different levels of seriousness depending on intent, circumstances etc etc and the charge would reflect that. There must be some documentation to refer to to enable the lawyers and judges to base their cases on?


So frustrating, i'm not a lawyer myself (obviously!), just trying to show that the level of charge is not deemed at the most serious end of the spectrum.


 


Expert:  JGM replied 1 year ago.
That has nothing to do with the definition of the law or how that definition is worded. It has to do with the wording of the complaint upon which you were convicted.

To use your analogy, if the charge of murder were worded:

"....you did chase him along the street, push him to the ground, restrain him and stab him repeatedly on the face and body and did murder him....."

That would be more serious than

".....you did stab him once in the stomach and did murder him...."

So it's not the definition of the offence; murder is murder and fraud is fraud. The definition doesn't change.

The only way to show someone that your offence was not at the serious end of the spectrum is to show what th wording of the charge was. The lenient disposal would also be relevant.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7794
Experience: 28 years as a practising solicitor.
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