Forgery and Associated Offences Flashcards
Forgery:
Act/Section/Elements
CA61; S256(1):
1) Makes a false document
2) With the intention of using it
3) To obtain any
property, privilege, service, pecuniary advantage, benefit, or
valuable consideration.
CA61; S256(2):
1) Makes a false document
2) Knowing it to be false
3) With the intent that it in any way be used or acted upon, whether in New Zealand or elsewhere, as genuine.
When is the offence of Forgery complete?
Forgery is complete as soon as the document is made with knowledge and intent
CA61; S256:
(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.
False document definition S255 CA1961
CA61; S255:
False document defined
As a Document whole or any material part
(a) be made by a person who didn’t make it,
(b) made on the behalf of any person who did not authorise its making
(c) Altered by or on behalf of a person who did not authorise it
(d) A reproduction of the document by someone who did not authorise it
(e) Made in someone else’s name that did not make it.
Examples of material alterations to a document
(ROADIE)
Removal of material or otherwise
Obliterations
Additions
Deletions
Insertions
Erasures
Examples of Forgery
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
Using forged documents:
Act/Section/Elements
CA61; S257 - (10 years):
(1) Knowing a document to be forged,—
(a) uses the document to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; 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.
Altering etc or Reproducing Documents
Act/Section/Elements
S258 CA61 - 10 Years
1) With intent to obtain by deception
2) any property, privilege, service, pecuniary advantage, benefit, or valuable consideration, or to cause loss to any other person.
3) (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.
When is “Altering etc or Reproducing Documents” offence complete?
S258 CA61
(2) As soon as the alteration or document is made with the intent referred to, although no need to intend that anyone should -
(a) use or act upon the document; 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.
Alteration, Conceal, Destruction, Reproduction
Definition
Alteration
To change in some manner
Conceal
Police v Boyd - hiding, denial of its existence, the withholding of it in the face of a positive duty to produce it
Destruction
Te end the existence of
Reproduction
Produce a copy or representation of, or made in imitation of.
Using altered or reproduced documents with intent to deceive
Act/Section/Elements
S259 CA61
- 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 acts upon, the document; or
(b) causes any person to use or deal with, or act upon, the document.
(2) For the purposes of this section, it does not matter that the document was altered or made outside New Zealand.
