Forgery and associated offences Flashcards
What is the imprisonment term for all forgery offences?
10yrs
Discuss the offence of Forgery (s256) (Important)
1) Makes a false document with the intention of using it to obtain any P/P/S/P/B/V
2) Makes a false document, knowing it to be false, with the intent that it in any way be used or acted upon, whether in NZ or elsewhere, as genuine.
When is forgery complete?
When the document is made, even though the document is incomplete or purported to not be binding or sufficient in law, so long as it is made so
Does forgery require use of the document?
No, so long as the intent to do so it’s present
What is a false document?
A false document is a document that:
- Purports to be made by a person who did not make it
- Purports to be made on behalf of or by any person who did not authorise it’s making
- Of which the whole or part has been altered and purports to be altered by a person who did not authorise it or a fictitious person
- Is a reproduction of another document and purports to have been made by or on behalf of the person that does not authorise it’s making
- Is made in the name of a person with the intention that it should pass as being made by some other person who did not make it, or by a ficticious person
Essentially, what is a false document?
A document that lies about itself or is intended to convey a lie
You can make a document false by making any material alteration to a genuine document. What is a material alteration and give examples of what it could include?
An alteration is material if it increases the value or negotiability of a document or instrument. This could include:
- Additions
- Insertions
- Deletions
- Obliterations
- Erasures
- Removals
What is the specified intent for forgery? (Important)
That at the time of the alleged act, the defendant knowing the document was false, had intended either:
- To use the document to obtain any P/P/S/P/B/V, or
- That the document be used or acted upon as genuine
[Note: there is no need for intent to deceive]
What is the offence of using forged documents (s257)? (Important)
Knowing a document to be forged:
- Uses the document to obtain any PPSPBV
- Uses, deals with, or act upon the document as if it were genuine
- Causes any other person to use, deal with, or act upon it as if it were genuine
Knowledge is required for the offence Using Forged Documents (s257). What must be proven for knowledge in s257?
They knew:
- The document was false
- The document had been made with the knowledge and intent required under Forgery
What is the offence Altering etc or Reproducing Docs (s258)? (Important)
With intent to obtain by deception any PPSPBV or cause loss to any other person:
- alters, conceals or destroys any document or causes any document to be altered, concealed or destroyed
- makes a document, or causes one to be made, which is in whole or in part, a reproduction of any other document
When is Altering etc or Reproducing Docs (s258) complete?
When the alteration etc is made or reproduction made
Define alteration for the purposes of Altering etc or Reproducing Docs (s258)?
Changed in some manner
Define “conceal” for the purposes of Altering etc or Reproducing Docs (s258)?
The actual hiding of documents, denial of it’s existence or withholding it in the face of a positive duty to produce it
Define destroy
End the existence of
Define reproduction as it relates to Altering etc or Reproducing Docs (s258)?
A copy or representation, or made in imitation
What are the two mental elements required of Altering etc or Reproducing Docs (s258)?
Intent to:
- Obtain by deception any PPSPBV
- Cause loss to any other person
What is the difference between Forgery (s256) and Altering etc or Reproducing Docs (s258)? (Important)
Document and intent.
Forgery requires intent to deceive only and no intent to obtain by deception, which Altering etc or Reproducing Docs does.
For Forgery the document in question must be a ‘false document’ but for Altering etc or Reproducing Docs (s258) any document can be altered etc or reproduced.
What is the offence of Using Altered or Reproduced Document With Intent to Deceive (s259)?
Knowing any document to have been made or altered in a manner and with the intent refrred to in s258, with intent to obtain any P/P/S/P/B/V or to cause loss to any other person:
- Uses, deals with or acts upon the document
- Causes any person to use, deal with or act upon the document
With Using Altered or Reproduced Document With Intent to Deceive (s259), discuss which elements are effected by whether they are done in NZ or not
The document may be altered or made outside or inside of NZ, but it must be Used, dealt with or acted upon inside NZ
Do you need to ID the person who made or altered a document to lay a charge under Using Altered or Reproduced Document With Intent to Deceive (s259)?
No
What are the 3 mental elements of Using Altered or Reproduced Document With Intent to Deceive (s259)? (Important)
- Know the document is altered with intent to obtain by deception any PPSPBV or cause loss to any other person
- Intent to use the document or cause another to use it to OBD any PPSPBV or cause loss to any other person
- Intent to acquire or retain the property etc or to cause loss by deception
