Forgery Flashcards
S 256, Crimes Act 1961
(1)
(2)
(1) Every one is liable to imprisonment for a term not exceeding 10 years who MAKES a FALSE DOCUMENT with the INTENTION of using it to obtain any property, privilege, service, pecuniary advantage or valuable consideration.
(2) Every one is liable to imprisonment for a term not exceeding 3 years who makes a false document, KNOWING it to be false, with the INTENT that it in any way be USED or ACTED UPON, whether in NZ or elsewhere, as genuine.
When is Forgery complete? S 256 (3), Crimes Act 1961
(3) Forgery is complete as soon as the document is made with the intent described in 256 (1) or with the knowledge and intent described in 256 (2).
False Document defined
S 255, Crimes Act 1961
“Means a document…”
(a) whole or any material part purports to be made by any person who DID NOT MAKE IT, or by a fictitious person; or
(b) whole or any material part purports to be made by or on behalf of any person who DID NOT AUTHORISE its making, or on behalf of a fictitious person; or
(c) ALTERED, whether by addition, insertion, deletion, obliteration, erasure, removal or otherwise, and that purports to have been altered by or on behalf of a person who did not authorise its alteration, or by or on behalf of a fictious person.
(d) whole or in part a REPRODUCTION of any other document, and that purports to have been made by or on behalf of a person who did not make or authorise its making, or by or on behalf of a fictitious person.
(e) that is made in the name of a person, whether by that person or by that person’s authority, with the intention that it should pass as being made by some other person who did not make it, or a fictitious person.
To have been “forged,” a document must…
Meet the definitions of “false” and “document”
Lie about itself, or intend to convey a lie in cases where it has been written by someone intending to pass it off as having been written by someone else.
When is an alteration “material”?
If it increases the value or negotiability of a document or instrument.
Intent to Deceive?
You do not need to intend that a particular person will be affected (deceived) by the forged document. Forgery is complete as soon as the document is made with knowledge and intent.
The prosecution must prove that, at the time of the alleged act, the defendant, knowing that the document was false, had intended either:
- to use the false document to obtain, or
- that the false document be used or acted on as genuine.
Using Forged Documents
S 257, Crimes Act 1961
(1) Every one is liable to imprisonment for a term not exceeding 10 years who, knowing a document to be forged -
(a) uses the document to obtain any property, privilege, service, pecuniary advantage, benefit or valuable consideration.
(b) uses, deals with, or acts upon the document as if it were genuine.
(c) causes any other person to use, deal with, or act upon it as if it were genuine.
Knowledge for S 257
Must prove…
That the defendant knew the document was a forgery at the time of the physical act of using, dealing with or acting upon it.
Altering, Concealing, Destroying or Reproducing Documents with Intent to Deceive
S 258, Crimes Act 1961
(1) Every one is liable to imprisonment for a term not exceeding 10 years who, with intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration, or to cause loss to any person, -
(a) alters, conceals or destroys any document, or causes any document to be altered, concealed or destroyed; or
(b) makes a document or causes a document to be made that is, in whole or in part, a reproduction of any other document.
(2) An offence against (1) is complete as soon as the alteration or document is made with the intent referred to in (1), although the offender may not have intended that any particular person should -
(a) use or act upon the document altered or made; or
(b) act on the basis of the absence of the document concealed or destroyed; or
(c) be induced to do or refrain from doing anything.
Using altered or reproduced document with intent to deceive
S 259, Crimes Act 1961
(1) Every one is liable to imprisonment for a term not exceeding 10 years who, KNOWING any document to have been made or altered in the manner and with the intent referred to in S 258,
with intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration, or to cause loss to any person, -
(a) uses, or deals with, or acts upon, the document; or
(b) causes any person to use or deal with, or act upon, the document
