Forgery

Question 1

S256(1) CA61 Forgery Elements0

Answer 1

Makes a false document
With the intention of using it
To obtain any property, privilege, service, PA, benefit, or VC

Question 2

S256(2) CA61 Forgery Elements

Answer 2

Makes a false document
Knowing it to be false
With intent that it in any way be used or acted upon as genuine
Whether in NZ or elsewhere

Question 3

When is forgery complete s256 CA61

Answer 3

(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 4

Define “false document” S255 CA61

Answer 4

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

(b) of which the whole or any material part purports to be made by or on behalf of any person who did not authorize its making, or on behalf of a fictitious person
(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 authorize its alteration, or by or on behalf of a fictitious person
(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 authorize its making, or by or on behalf of a fictitous person
(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 5

Material alterations in Forgery

Answer 5

Additions
Insertions
Deletions
Obliterations
Erasures
Removal of material or otherwise

An alteration is a material alteration if it increases the value or negotiability of a document or instrument

Question 6

Photocopy of false document

Answer 6

Claims merely to he a copy and therefore does not tell a lie about itself

Question 7

Prosecution must prove that, at the time of the act, defendant, knowing that the document was false, intended either:

Answer 7

• To use the false document to obtain or

- That the false document be used or acted on as genuine

Question 8

Examples of forgery

Answer 8

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 a CV that are necessary to obtain the position

Falsely completing a statement of service on a witness summons

Question 9

S257(1) CA61 Using forged documents

Answer 9

Knowing a document to be forged

(a) use, the document to obtain any property, privilege, service, PA, benefit, VC 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

Question 10

S258(1) CA61 Altering etc or reproducing docs

Answer 10

With intent to obtain by deception any property, privilege, service, PA, benefit, VC, 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

Question 11

S258 when is the offence complete

Answer 11

Offence 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 12

Define “Alteration/ Conceal/ Destruction/ Reproduction”

Answer 12

ALTERATION
changed in some manner

CONCEAL Includes

(a) the actual hiding of a document
(b) the denial of its existence
(c) the withholding of it in the face of a positive duty to produce it.

DESTRUCTION
to end the existence of

REPRODUCTION
producing a copy or representation of, or made in imitation

Question 13

Forgery VS Altering

Answer 13

Forgery, an intent to deceive only is required, not an intent to obtain by deception

Altering etc, must prove that the offender intended to obtain by deception

Question 14

S259(1) CA61 Using altered or reproduced doc with intent to deceive

Answer 14

Knowing any document to have been made or altered in the manner and with the intent referred to in section 258, 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) uses, or deals with, or act upon, the document or
(b) causes any person to use or deal with, or act upon, the document

Question 15

S259 mental element

Answer 15

1. Defendant must know the relevant matters relating to the document in question - that document had been altered with 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, PA, benefit, or VC, or to cause loss to any other person
3. There must be an intention to acquire or retain the property etc or to cause loss by deception