Forgery

Question 1

What are the ingredients of Forgery?

Answer 1

S256 CA 1961 - Forgery

(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, benefit, 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 New Zealand or elsewhere, as genuine.
(3) Forgery is complete as soon as the document is made with the intent described in subsection (1) or with the knowledge and intent described in subsection (2).
(4) Forgery is complete even though the false document may be incomplete, or may not purport to be such a document as would be binding or sufficient in law, if it is so made and is such as to indicate that it was intended to be acted upon as genuine.

Question 2

Define a false document

Answer 2

S255 CA 1961
false document means a document—
(a)of which the whole or any material part purports to be made by any person who did not make it, or by a fictitious person; or
(b)of which the 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)of which the whole or any material part has been 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 alter it or authorise its alteration, or by or on behalf of a fictitious person; or
(d)that is, in 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 it or authorise its making, or by or on behalf of a fictitious person; or
(e)that is made in the name of a person, either 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 by a fictitious person.

Question 3

What are some examples of material alterations?

Answer 3

Additions, Deletions, Insertions, Obliterations, Erasures

Question 4

What makes an alteration a material alteration?

Answer 4

An alteration is a material alteration if it increases the value of or negotiability of a document or instrument. A false document can be made by making material alterations to a genuine document

Question 5

When is forgery complete?

Answer 5

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

Question 6

What must the prosecution prove at the time of the alleged act?

Answer 6

Must prove that 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 a genuine

Question 7

What are some examples of forgery?

Answer 7

• writing an examination paper in the name of another person who is required to sit the exam
• pre-dating a deed to give it priority over another
• forging letters of recommendation for inclusion in CV
• Falsely completing statement of service on a witness summons

Question 8

What are the ingredients of using a forged document?

Answer 8

S257 CA 1961 - Using forged documents

(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; or
(b) uses, deals with, or acts upon the document as if it were genuine; or
(c) causes any other person to use, deal with, or act upon it as if it were genuine.
(2) For the purposes of this section, a document made or altered outside New Zealand in a manner that would have amounted to forgery if the making or alteration had been done in New Zealand is to be regarded as a forged document.

Question 9

What must you prove¿

Answer 9

Must prove that the defendant knew the document was a forgery the time of the physical act of using, dealing with or acting upon it

Question 10

What are the ingredients of Altering or Reproducing documents

Answer 10

S258 CA 1961 Altering, concealing, destroying, or reproducing documents with intent to deceive

(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 other 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 subsection (1) is complete as soon as the alteration or document is made with the intent referred to in that subsection, 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.

Question 11

When is a document altered?

Answer 11

A document is altered if it is changed in some manner

Question 12

Define Conceal

Answer 12

Actual hiding of a document, the denial of a documents existence, withholding of it

Question 13

Define destruction

Answer 13

To end the existence of

Question 14

Define reproduction

Answer 14

Producing.a copy or representation of or made in imitation

Question 15

How can a defendant cause a document to be altered, concealed or destroyed?

Answer 15

Though arranging for the necessary actions by another person or by the use of a computer program or other device which will operate to alter, conceal or destroy the document

Question 16

What are the differences between the offences of forgery and altering or reproducing a document?

Answer 16

With forgery an intent to deceive only is required not an intent to obtain by deception

In the offence of altering, concealing, destroying or reproducing a document you must prove that the offender intended to obtain by deception

Any document can be altered or reproduced under that charge however in a charge of forgery the document must be a false document

Question 17

What are the ingredients of Using altered or reproduced document with intent to deceive?

Answer 17

S258 CA 1961 Altering, concealing, destroying, or reproducing documents with intent to deceive

(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 other 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 subsection (1) is complete as soon as the alteration or document is made with the intent referred to in that subsection, 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.

Question 18

What are the three mental elements of the offence Using altered or reproduced document with intent to deceive?

Answer 18

1. Defendant must know the relevant matters relating to the document in question, that is the document had been altered with intent to deceive
2. Defendant must have intended by the employe,not of the document or by causing another to use or rely on it, to obtain by deception any property, privilege, service, pecuniary advantage or valuable consideration or cause loss to any other person.
3. There must be an intention to acquire or retain the property or to cause loss by deception