Forgery and associated Offences

Question 1

A False Document includes a document of which the whole or any material part purports to be:
(Section 255 (a) CA61)

Answer 1

Made by any person who did not make it, or by a fictitious person

Question 2

To successfully prosecute a person on a charge of using altered or reproduced documents with intent to deceive under Section 259 CA61, name three mental elements you must prove:

Answer 2

1. The defendant must know that the document had been altered with intent to deceive
2. The 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 to cause loss to any other person
3. There must be an intention to acquire or retain the property or to cause loss by deception

Question 3

What is the essential ingredients of the forgery offence set out in section 256(1)CA61

Answer 3

Everyone 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
Service
Pecuniary advantage
Valuable consideration
Benefit
Privilege

Question 4

What is the difference between the offences of forgery and altering or reproducing a document?

Answer 4

The difference rests in the varying definitions of ‘document’ and ‘intent’

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

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

Any document can be altered or reproduced in the charge of altering .. a document. However in a charge of forgery, the document must be a ‘false document’ as defined in Section 255 CA61.

Question 5

When is forgery complete?

Answer 5

Forgery is complete as soon as the document is made with:

(1) With intent to obtain any Property, privilege, service, pecuniary advantage, benefit or valuable consideration

OR

(2) 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 6

Provide 4 examples of forgery

Answer 6

• 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 a position
• Falsely completing a statement of service on a witness summons