Forgery and Associated Offences Flashcards
What are the elements of Forgery? [Section 256(1)]
-Makes
-A false document
-With the intention of using it to obtain
-Any property, privilege, service, pecuniary advantage, benefit or valuable consideration
What is a “False Document”
A false document is defined exhaustively in section 255 of the CA 1961.
The definition includes (but is not limited to) documents wholly or partially misrepresented, altered in any way (e.g. through insertion, deletion etc.) or which constitute unauthorised reproductions of other documents.
Essentially, a false document must lie about itself. However, just because a lie is put in writing does not mean that the document on which it is written is a forgery.
E.g. a print of a forged Goldie painting is not a forgery - only the original forgery claiming to be unforged constitutes a forgery.
When is an alteration a “material alteration”?
If it increases the value or negotiability of a document or instrument. A false document can be made by making material alterations to a genuine document.
Knowledge of falsity and when offence of forgery is complete
You do not need to intend that a particular person will be affected by the forged document. Forgery is complete as soon as the document is made with the knowledge and intent.
The use of such a document is a separate offence, namely ‘using forged documents’.
Provide four 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.
Discuss the differences between Forgery and Altering or Reproducing a Document
The differences between the offences of forgery and altering or reproducing a document rest 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, concealing, destroying 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, concealing, destroying, or reproducing a document. However, in a charge of forgery the document must be a ‘false document’ as defined in section 255 of the CA 1961.
Define “Credit”
Means a legally enforceable obligation on the debtor to pay or repay, and the time given for them to do so by the creditor. Credit does not extend to an obligation to supply services or goods.
What two things must be proven for a charge of Forgery under 256(1)?
That the accused:
- Made a false document
- With intent to use it to obtain property
