“SAMPLE EXAMINATION QUESTION ON IDA 2010 Pascal has an equipment designed to forge passports. After testing it he has decided not to use it because it does not produce forgeries as good as those produced by a machine in possession and control of his friend Limon. He intends to use Limons machine to make the false passports. Has D committed an offence contrary to s.5 IDA 2010? Consider liability for offences under IDA 2010.”

Skeleton solution

Pascal may be charged with S. 5 (1) of IDA 2010 which provides that it is an offence

for a person with the prohibited intention to make or to have in his possession or control

any apparatus or article which, to his knowledge, is or has been specially designed or

adapted for the making of false identity documents.

AR of this offence consists of making or having in possession or under defendants

control any apparatus, article or material which has been specially designed or adapted for

the making of false identity documents. In the given scenario the equipment was under

Pascals possession and control. Apparatus includes any equipment, machinery or device

and any wire or cable together with any software used with it (s.9 (1)). In the given fact

Pascal was in possession of an equipment. It is not necessary to show that Pascal has

designed or adapted the e…(short extract)