Forgery Flashcards
Forgery
Sect 256
Crimes Act 1961
Sect 256(1) 10yrs
- makes a false document
- with the intention using it to obtain any property, privilege, service, pecuniary advantage benefit or valuable consideration
Sect 256(2) 3yrs
- makes a 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
(3) forgery is compete 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
Is there a requirement that forged document is used to commit the offence
No…….. as long as the intention to do so it present
False Document Definition
Sect 255
Means a document -
(a) of which hotel 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 it’s 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 it’s 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 it’s making or by or on behalf of a fictitious person OR
(e) that is made in the name of a person with derby that person or by that person’s authority with the intention that it should pass as being made by some other pseosrn who did not make it or by a fictions person
What is necessary for a document to be forged
It must meet the definition of “false” and “document”
A false document must lie about itself.
The document itself must 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
What are the different types of material alterations
You can make a false document by making material alterations to a genuine document such as:
1) Removal of material or otherwise
2) Obliteration’s
4) Additions
4) Deletions
5) Insertions
6) Erasures
Is a photocopy of a false document forgery
No
It is merely a copy and therefore does not “tell” a lie about itself
What must the prosecution prove for forgery
That the defendant, knowing that the document was false, had intended either:
1) to use the false document
2) that the false document be used or acted on as genuine
It is not enough that the document is false and that it’s mare knows it is false. it must also be proved that the offender intended to deceive by means of that which is false
Forgery Examples
1) writing an examination paper in the name of another person who is required to sit the exam
2) pre-dating a deed to give it priority over another
3) forging letters of recommendation for inclusion in a CV that are necessary to obtain a position
4) falsely completing a statement of service on a witness summons
Using Forged Documents
Sect 257
Crimes Act 1961
10yrs
(1) everyone is liable who knowing a document to be forged -
(a) uses the document to obtain any property, privilege service, pecuniary advantage, valuable consideration or benefit 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 it if were genuine
(2) for the purpose of this section a document made or altered outside NZ in a manner that would have amounted to forgery if the making or alteration had been done in NZ shall be deemed to be a forged document
What must you prove for Using a Forged Document
That the defendant KNEW the document was a forgery at the time of the physical act of using, dealing with or acting upon it
1) the document was false
2) the “user” knew that the document had been “made” with the knowledge and intent required under section 256 CA 1961
Altering, concealing, destroying or reproducing documents with intent to deceive
Sect 258
Crimes Act 1961
10yrs
(1) Intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration,
OR
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 of 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 offence 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
Difference between Forgery and Altering/Reproducing a Document
Forgery - an intent to deceive only is required. Not an intent to obtain by deception
Altering/concealing/destroying/reproducing - must prove that the offender intended to obtain by deception.
Any document can be altered/destroyed/concealed/reproduced.
Forgery the document must be a “false document”.
Using Altered or Reproduced Document with intent to deceive
Sect 259
Crimes Act 1961
10yrs
Sect 259(1)
- Knowing any document to have been made or altered in the manner and with the intent referred to in section 258,
- with the intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration or to cause loss to any other person -
(a) uses or deal with or acts upon the document OR
(b) causes any person to use or deal with or act upon the document
(2) for the purpose of this section it does not matter that the document was altered or made outside NZ
Mental Element of Using altered or reproduced document
Sect 259
Falls into three parts
1) Defendant must know that the document has been altered with the intent to deceive
2) Defendant must have intended by the employment of the document or by causing another to use or rely on it to obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration or cause loss to any other person
3) must be an intention to acquire or retain the property ect, or cause loss “by deception”
