Forgery

Question 1

Does the defendant need to use to document to commit the offence?

Answer 1

No, as long as the intention is present and the are aware the document is false

Question 2

Definition of a false document.

Answer 2

means any document which the whole or any material part appears to be

-made by someone who did not make it

or

-made
-altered
-a reproduction of another document
on behalf of someone who did not authorise it or a fictitious person

or

is made in the name of a person by that person or that persons authority with the intention that it pass as if made by some other person who did not make it or a fictitious person

Question 3

What makes a copy of a document forgery?

Answer 3

The document must lie about itself or convey a lie

(eg. a copy of a painting is not forgery if it is labelled as a copy, but is a forgery when it is a copy being passed as the original)

Question 4

What are examples of material alterations you can make to make a document into a false document?

Answer 4

Additions
Insertions
Deletions
Obliteration
erasures
Removal of material or otherwise

Question 5

What is a material alteration?

Answer 5

Is an alteration which increases the value or negotiability of a document or instrument

Question 6

Is a photocopy of a false document also a flase document?

Answer 6

No, a photocopy of the document only claims to be a copy and therefore does not tell a lie about itself`

Question 7

When is the forgery complete?

Answer 7

As soon as the document is made with the knowledge and intent or when it is incomplete or would not appear to be a document that would be binding or sufficient in law but was made to be acted upon as genuine.

Question 8

What offence is using the forged document?

Answer 8

using forged documents

Question 9

What are the two specified intents which need to be proven by the prosecution for making a forged document (only one needs to be present)

Answer 9

intended

• to use the false document to obtain
• that the flase document be used or acted upon as genuine

Question 10

What must be proved for knowledge for using a forged document?

Answer 10

• knew the document was false

- knew the document was made with the knowledge and intent required under s256

Question 11

Alteration

Answer 11

Has its normal meaning

Question 12

Conceal

Answer 12

• the actual hiding of a document
• the denial of its existence
• the withholding of it in the face of a positive duty to produce it

Question 13

Destruction

Answer 13

to end the existence of

Question 14

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?

Answer 15

By arranging another person to take the necessary action or by the use of a computer program or other device

Question 16

What are the two mental elements of this offence?

Answer 16

To obtain by deception or to cause a loss

Question 17

What is the difference between forgery and altering/reproducing a document?

Answer 17

• With forgery only an intention to deceive is necessary where altering/reproducing etc a document intended to obtain by deception.
• With forgery it must be a false document where any document can be altered or reproduced in altering/reproducing etc any document