R. v. Jahanrakhshan

R. v. Jahanrakhshan

Court convicted the accused on multiple counts where evidence established he presented forged/falsified credit cards or card numbers belonging to other account holders, that banks paid merchants and suffered or were placed at economic risk, that the accused knowingly possessed devices adapted for forging cards and related cardholder data, and that his subjective awareness could be inferred from the course of conduct; acquitted counts where no evidence or reasonable doubt existed (including fraud against dealers where merchants were effectively paid, one disputed possession of a particular card, and possession of credit card data where Crown failed to prove data would enable use).

Citation
2011 BCSC 1164
Parties
Crown: Regina; Accused: Kamyar Andrew Jahanrakhshan
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 August 2011
Procedural Posture
Criminal / Trial Oral Reasons for Judgment (conviction/acquittal)
Outcome
Mixed: multiple convictions and multiple acquittals/dismissals following trial judgment
Legal Topics
Fraud (s.380(1)(a) Criminal Code), Use/possession of Forged Credit Cards (s.342(1)(c)), Possession of Proceeds/property of Crime (s.354(1)(a)), Possession of Instruments for Forging Credit Cards (s.342.01(1)), Possession of Credit Card Data (s.342(3)), Business Records Evidence (canada Evidence Act S.30)
Source Language
English
Criminal Law Evidence Commercial/payments Law Fraud (s.380(1)(a) Criminal Code) Use/possession of Forged Credit Cards (s.342(1)(c)) Possession of Proceeds/property of Crime (s.354(1)(a)) Possession of Instruments for Forging Credit Cards (s.342.01(1)) Possession of Credit Card Data (s.342(3)) +1 more

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Parties

Regina

Crown

Kamyar Andrew Jahanrakhshan

Accused

Procedural Posture

Criminal / Trial Oral Reasons for Judgment (conviction/acquittal)

Legal Issues

  1. 1 Whether accused defrauded automobile dealerships under s.380(1)(a)
  2. 2 Whether accused defrauded financial institutions under s.380(1)(a)
  3. 3 Whether accused possessed or used forged/falsified credit cards knowing they were obtained by commission of an offence (s.342(1)(c))

Ratio Decidendi

Court convicted the accused on multiple counts where evidence established he presented forged/falsified credit cards or card numbers belonging to other account holders, that banks paid merchants and suffered or were placed at economic risk, that the accused knowingly possessed devices adapted for forging cards and related cardholder data, and that his subjective awareness could be inferred from the course of conduct; acquitted counts where no evidence or reasonable doubt existed (including fraud against dealers where merchants were effectively paid, one disputed possession of a particular card, and possession of credit card data where Crown failed to prove data would enable use).

Court Disposition

Mixed: multiple convictions and multiple acquittals/dismissals following trial judgment

Orders

  • Dismissed (no evidence): counts 4,8,14,15,22,25,35,38,40,41,42,43,44,45,48,49,50,52,53,54,55,56,57,58,59,62,63,64,65,68,69,70,71,72,73,80,81,83,84,90