Forgery And Associated Offences

Question 1

Forgery - 256(1) CA61

Answer 1

• Makes a false document
• With the intention of using it to obtain (no use required as long as intent)
• Any property, privilege, service, pecuniary advantage, valuable consideration, benefit

Question 2

Forgery - 256(2) CA61

Answer 2

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

Question 3

False Document Defined

Answer 3

FALSE DOCUMENT DEFINED (S255)

• Any material whole/part purports to be made by any person who did not make it or by a fictitious person
• Any material whole/part purports to be made on behalf of any person who did not authorise its making or behalf of a fictitious person
• Any material /whole/part that’s been altered, whether by addition (etc) or a reproduction 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
• 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 4

False Document Discussion

Answer 4

FALSE DOCUMENT CONT.

• Must be false and a document
• Must lie about itself or intend to convert a lie in cases where written by someone intending to pass as having been written by someone else

E.g Writing exam paper in name of other person, forging letters in a CV for job position, falsely completing a statement of service on summons

Question 5

Material Alteration

Answer 5

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

Examples - Additions, insertions, deletions, obliterations, erasures, removal of material or otherwise.

Question 6

Specified Intent Of Forgery

Answer 6

SPECIFIED INTENT OF FORGERY
Intent to deceive is not an essential element of forgery. Still prosecution must prove that, at the time of the act, the defendant had intended (whilst knowing the document was false) either:
- To use the false document to obtain or
- The false document be used or acted on as being genuine.

Question 7

When Is Forgery Complete

Answer 7

FORGERY IS COMPLETE as soon as the document is made with the intent described in 256(1) or with the knowledge and intent described in 256(2). No requirement the document be put to use and the offence of forgery can be completed even though the document is not completed/not in a legally effective form.

Question 8

Using Forged Document s257

Answer 8

USING FORGED DOCUMENT S257

• Knowing document to be forged, uses the document to obtain property/privilege etc OR uses, deals with, acts upon document as if it were genuine.
• Doesn’t matter if document made/altered outside NZ

MUST PROVE - Defendant knew it was a forgery at time of using, document is false and knew it had been made with knowledge and intent required under S256 CA61

Question 9

Altering, Concealing, Destroying or Reproducing Documents With Intent to Deceive

Answer 9

ALTERING, CONCEALING, DESTROYING OR REPRODUCING DOCS WITH INTENT TO DECEIVE - S258(1)

• With intent to obtain by deception
• Any property, privilege, service, pecuniary advantage, benefit, or valuable consideration or to cause loss to any person
  (a) Alters, conceals or destroys any doc or causes any doc to be altered, concealed or destroyed
  (b) Makes a doc or causes a doc to be made that is, in whole or in part, a reproduction of any other doc
• Complete as soon as alteration or document is made with intent referred to above

Question 10

Alteration, Conceal, Destroy

Answer 10

ALTERATION - Normal meaning, changes in some manner
CONCEAL - Actual hiding, denial of existence, withholding when duty to produce
DESTRUCTION - To end existence of
REPRODUCTION - Producing a copy or representation of, or made in imitation

Question 11

Using a Document or Reproduced Document with Intent to Deceive Section 259 Crimes Act 1961

Answer 11

USING A DOCUMENT OR REPRODUCED WITH INTENT TO DECEIVE - 259(a) & (b) CA 61

• Knowing a 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, valuable consideration OR to cause loss to any other person
• (a) Uses deals with or acts upon the document OR
• (b) Causes any other person to use, deal with or act upon the document.
• Only requires defendant to have used, dealt with or acted on document or causes other person to

Question 12

3 Mental Elements Of Alt/Reproduce Documents

Answer 12

3 MENTAL ELEMENTS OF ALT/REPRODUCE DOC - S259

• Defendant must know document had been altered somehow and it’s intended to deceive
• Defendant must have intended by using document (or causing other to use it) to obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration or to cause loss to any other person
• Must have intention to acquire or retain the property etc, or to cause loss by deception

Question 13

Difference Between Forgery and Altering Document

Answer 13

FORGERY V ALT DOCUMENT
Differences rest in the different definitions of intent and document.

In forgery the intent to deceive only is required, do not need an intent to obtain by deception. Whereas altering a document etc, you need to prove there was an intent to obtain by deception.

In forgery a document must be a false document as defined in S255 CA61. Where as any document can be altered/reproduced in the charge of altering, concealing, destroying, or reproducing a document.