Forgery

Question 1

Forgery (S256)

Answer 1

1. Makes a false document with the intention of using it to obtain any property, privilege etc
2. Makes a false document knowing it to be false, with the intention of using it to obtain any property, privilege etc
3. Forgery is complete as soon as the document is made.
4. Forgery is complete even though the false document may be incomplete

Question 2

False document (S255)

Answer 2

a.)
- whole or part
- made by any person
- who did not make the original (FP)

b.)
- whole or part
- made by or behalf of any person
- who did not authorise its making.

c.)
- whole or part
- alter, add, insert, delete, obliterate, erase, remove or otherwise
- by any person or on behalf of a person
- who did not authorise the changes (FP)

d.)
- whole or part
- reproduction of any document
- made by or on behalf of a person
- who did not make it or authorise its making.

e.)
- made in the name of a person
- either by that person or that persons authority
- with the intention that it should pass
- as being made by a person who did not make it (FP)

Question 3

Photocopy

Answer 3

Only the original forged document constitutes forgery.

Question 4

When is forgery complete?

Answer 4

Forgery is complete as soon as the document is made with intent and knowledge.

Question 5

Forgery - Intention to deceive

Answer 5

Prosecution must prove:
- at the time of the act
- the defendant knew the document was false
- use the false document to obtain
- the false document be used or acted as genuine
- intention to deceive

Question 6

No financial advantage

Answer 6

The defendant must have intended that the document be used to mislead.

Question 7

Incomplete Document

Answer 7

Forgery may be complete even though the document is incomplete. However may be hard to prove.

Question 8

Using Forged Doc (S257)

Answer 8

1.) knowing a document to be forged

a.) uses a doc to obtain property, privilege etc

b.) uses, deals with or acts upon the document if its genuine

c.) causes another person to use, deal with, or acts upon if it were genuine.

2. a document made outside of NZ in a manner that amounts to forgery in NZ is deemed as forgery.

Question 9

Using forged documents S257 - prove…

Answer 9

Must prove:
- the defendant knew the document was forged (knowledge and intent)
- the document was false
-

Question 10

Altering or Reproducing Documents (S258)

Answer 10

1.) with intent to obtain by deception any property, privilege etc or cause loss to any person

a.) alters, conceals or destroys any document or causes any document to be altered etc..

b.) makes or causes a document to be made (whole or part)

2.) section 1.) is complete when the alteration or doc is made.

Although the offender may not have intended:
a.) use or act upon the document
b.) act on the basis of absence, concealed or destroyed
c.) be induced or refrain from doing anything

Question 11

Mental element S258

Answer 11

1. Intention to obtain and property, privilege etc
2. Intention to cause loss (doesn’t have to be inflicted by deception).

Question 12

Difference between Forgery & Altering etc

Answer 12

Forgery
- intention to deceive
- document must be false

Altering
- intended to obtain by deception

Question 13

Using Altered or reproduced doc with intent to deceive (S259)

Answer 13

1.)
- knowing any document to have been made or altered
- with intent to obtain by deception any property privilege etc, or cause loss to any other person

a.) uses or deals with or acts upon the document.
b.) causes any person to use or deal with or act upon the document

2.) It does not matter that the document was altered or made outside of NZ.

Question 14

Mental element of S259

Answer 14

1. document had been altered with intent to deceive
2. to obtain by deception any property privilege etc.
3. intention to acquire or retain the property or to cause loss by deception