Conversion, Special Relationship, and Forgery

Question 1

If an offender sells hired goods, they commit the offence of…

Answer 1

Conversion

Question 2

What is Theft By Person In Special Relationship?
(s220)

Answer 2

Intentionally failing to perform one’s obligations in relation to property obtained or its proceeds.

Question 3

What is the penalty for using forged documents and associated offences?

Answer 3

10 years.

Question 4

When is Forgery complete?

Answer 4

When it is made with intent to obtain or be acted upon.

Question 5

Can Forgery be complete before the document being made is complete?

Answer 5

Yes.

Question 6

Is the definition of DOCUMENT an exhaustive one?

Answer 6

Yes

Question 7

For forgery offences, which of the following are required elements:
(a) The defendant used the document
(b) The defendant intended to use the document
(c) The defendant knew the document was false

Answer 7

(b) and (c) are correct.

There is no requirement that the defendant use the document. Just needs to intend to use it.

Question 8

False document means:

Answer 8

Essentially, a false document must lie about itself. And pass off as having been written by someone else.

A false document:
(a) Purports to be MADE BY A PERSON who did not make it
(b) or by a person who did not AUTHORISE it
(c) ALTERED, and purports to have been altered by a person who did not authorise or alter it
(d) A REPRODUCTION
(e) Made in a PERSONS NAME and to pass as such

Question 9

List 6 material alterations that would turn a document into a false document:

Answer 9

Aid Ore

(1) Additions
(2) Insertions
(3) Deletions
(4) Obliterations
(5) Removal of material
(6) Erasures

Question 10

What is a Material Alteration?
(it’s an alteration that…)

Answer 10

Increases the value or negotiability of a document.

Question 11

Can a genuine document be turned into a false document through a Material Alteration?

Answer 11

Yes

Question 12

Is a photocopy a false document?

Answer 12

No. Because it only purports to be a copy and therefore does not tell a lie about itself.

Question 13

Forgery is complete when the following two elements are complete?

Answer 13

(1) The defendant knew the document was false and
(2) The defendant intended to use it to obtain.

Question 14

List 4 examples of Forgery?

Answer 14

(1) An exam paper in someone else’s name
(2) Pre-dating a deed to give preference
(3) Forging letters of recommendation
(4) False statement of service on a witness summons.

Question 15

‘Conceal’ means:

Answer 15

(1) Hide
(2) Deny
(3) Withhold

Question 16

‘Destroy’ means:

Answer 16

End the existence of

Question 17

‘Reproduce’ means:

Answer 17

Produce a copy

Question 18

‘Cause’ can be either direct or indirect? (T/F)

Answer 18

True

Question 19

Section 258 Altering, Reproducing Documents with Intent to Deceive.
What are the two alternatives of INTENT:

Answer 19

(1) With intent to obtain by deception any property
or
(2) With intent to cause loss

(“By Deception” is not in #2)

Question 20

What’s the difference between Forgery and Altering a Document:

Answer 20

Forgery: Making a FALSE DOCUEMNT and there must be an intent to either
(a) use it to obtain
Or
(b) knowing it is false, intend it to be acted upon as genuine

Altering: Doesn’t need to be a false document but there must be an intent to OBTAIN BY DECEPTION.

(Forgery doesn’t use the word deception)

Question 21

s256(1)
To prove a charge of forgery, you need to prove:

Answer 21

made a false document
with intent to use it to obtain property

or

Knowing it was false intent that it be used or acted upon as genuine.