Forgery and Associated Offences

Question 1

Forgery

Section 256, Crimes Act 1961

Answer 1

makes a false document with the intention of using it to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration.

makes false document, knowing it to be false, with the intent that it in any way be used or acted upon

Question 2

When is forgery complete

Answer 2

As soon as the document is made with the intent described in subsection (1) or with the knowledge and intent described in subsection (2).

even though the false document may be incomplete, or may not purport to be such a document

The defendant must know that the document is false.

Question 3

What is a false document? S255

Answer 3

a document that purports being made or altered or a reproduction by:

• any person who did not make it, or by a fictitious person.
• on behalf of a person who did not authorise it, or on behalf of a fictitious person

Essentially, a false document must lie about itself. The document itself must lie about itself.

Question 4

What altercation can be made to a document

AIDOER

Answer 4

• additions
• insertions
• deletions
• obliterations
• erasures
• removal of material or otherwise.

Question 5

What must the prosecution prove regarding intent to commit forgery

Answer 5

had intended either:
• to use the false document to obtain, or
• that the false document be used or acted on as genuine

Question 6

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.

Question 7

Using Forged Documents s257

Answer 7

knowing a document to be forged uses, the document to obtain BPPSPAVC.

uses/causes other person to, deals with, or acts upon the document as if it were genuine

Question 8

Altering etc or reproducing documents S258

Answer 8

with intent to obtain by deception any BPPSPAVC or cause loss, Alters, conceals, destroys, or reproduces
a documents.

Question 9

Define Alteration, Conceal and Destroy, Reproduce

A HWD E CRI

A How Do Ed, Curry Night

Answer 9

alter

Conceal- actual hiding of a document, denial of its existence, 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 10

Difference between forgery and alters etc a doc

Answer 10

With forgery, an intent to deceive only is required.

With altering, concealing, destroying, or reproducing a document, you must prove that the offender intended to obtain by deception.

Question 11

Using altered etc documents with intent to deceive S259

Answer 11

knowing any document has been ACDR, with intent to obtain by deception any BPPSPAVC or cause loss
Uses/Causes any person to uses, or deals with, or acts upon, the document;