Forgery and Associated Offences

Question 1

FORGERY - SECTION 256 LEGISLATION

Answer 1

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

Question 2

DEFINE FALSE DOCUMENT

Answer 2

a document of which the whole or any material part purports to be made

• by any person who did not make it, or by a fictitious person; or
• made by or on behalf of any person who did not authorise its making, or on behalf of a fictitious person

Question 3

Material alterations - what alterations might involve?

Answer 3

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

Question 4

Material alterations

Answer 4

You can make a false document by making any material alteration to a genuine document.

An alteration is a material alteration if it increases the value or negotiability of a document or instrument.

Question 5

When is forgery complete?

Answer 5

As the document is made with knowledge and intent.

Question 6

Define ‘conceal’

Answer 6

• actual hiding of a document
• denial of its existence
• withholding of it

Question 7

Define destruction

Answer 7

To end the existence of.

Question 8

Define reproduction

Answer 8

Producing a copy or representation of, or made in imitation

Question 9

DIFFERENCE BETWEEN FORGERY AND ALTERING/REPRODUCING A DOCUMENT?

Answer 9

With forgery, only thing required is intent to deceive and must be a false document.

With altering/reproducing document, you must prove that the offender intended to obtain by deception.

Question 10

WHAT ARE THE 3 PARTS OF THE MENTAL ELEMENT FOR A CHARGE UNDER SECTION 259?

Answer 10

1 - defendant must know the document had been altered with intent to deceive

2 - defendant must intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration

3 - must be an intention to acquire or retain the property etc or to cause loss by deception.