Forgery/Associate Offences

Question 1

Forgery (1)

Answer 1

Section 256(1) CA 1961

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

Question 2

What conducted is required to support a charge of using an altered or reproduced document with intent to deceive?

Answer 2

That they used it in some way and that the document had previously been altered with the intent to deceive but it is not necessary to prove who had altered it.

Question 3

S258 penalty

Answer 3

10 years

Question 4

Define

Reproduction

Answer 4

To make a copy or representation of or made in imitation

Question 5

Define

destruction

Answer 5

To end the existence of

Question 6

Reproducing documents with intent to deceive.

Answer 6

S258(1)(b)

Everyone who with intent to obtain by deception any property, privilege, service, pecuniary advantage benefit, valuable consideration, or to cause loss to any other person
makes a document or causes a document to be made that is, in whole or in part, a reproduction of any other document

Question 7

What is the difference between forgery subsections 1 and 2?

Answer 7

Subsection 2 applies where there is no intention to obtain any financial or other specified advantage

Question 8

Penalty for 256(1)

Answer 8

10 years

Question 9

Define

Conceal

Answer 9

in relation to the subsections means:

a - the actual hiding of a document
b - the denial of its existence
c - with holding it when required to produce it

Question 10

Penalty for S256(2)

Answer 10

3 years

Question 11

What is the difference between forgery and altering/reproducing a document?

Answer 11

The differing intents and meaning of a document.

Forgery only requires an intent to deceive where alterting a document requires and intent to obtain by deception.
Forgery requires a false document where altering etc any document can be used

Question 12

When is forgery completed?

Answer 12

As soon as the document is made with an intent described in 256(1) or the knowledge and intent in 256(2). The document does not need to be used.

Question 13

Define

Alteration

Answer 13

Normal meaning

Question 14

Examples of material alterations

Answer 14

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

Question 15

Definition

Obtain

Answer 15

to obtain or retain for themselves or for any other person

Question 16

Definition of a false document?

Answer 16

a document which in whole or part purports to be made, altered or reproduced by or on behalf of a person who did not make it or authorise it’s making, or a fictitious person or made in the name of a person with the intention that it pass as being made by someone else who didn’t make it, or a fictitious person.

Question 17

IN relation to S258 what are the two alternative mental elements?

Answer 17

One intention is to gain something where the other is to cause loss to any other person

Question 18

Forgery (2)

Answer 18

Section 256(2) CA 1961

Everyone who 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

Question 19

Definition

Property

Answer 19

Property includes any real or personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest

Question 20

What are the mental elements required for S259

Answer 20

1. defendant knew document had been altered with intent to deceive
2. that the defendant intended to obtain by deception
3. The defendant intended to retain any property etc or to cause a loss

Question 21

Does the forged document have to be complete to constitute the offence and why/why not?

Answer 21

The offence is still complete even if the false document is incomplete or doesn’t purport to be a binding document in law, if its made and indicates that it was intended to be acted upon as genuine

Question 22

Is a photocopy of a false document itself a false document?

Answer 22

No as it only claims to be a copy and therefore does not tell a lie about itself

Question 23

When is an offence complete against S258(1)

Answer 23

As soon as the document is made or altered with the referred intent regardless of whether or not the defendant intended that any particular person should

• use or act upon the document
• act on the basis of the absent/destroyed document
• be induced to or refrained from doing anything

Question 24

How many a defendant ‘cause’ a document to be altered, destroyed etc…

Answer 24

arranging the necessary actions by another person or using a computer programme

Question 25

Definition

Valuable Consideration

Answer 25

Money or moneys worth

Question 26

What makes an alteration an material alteration?

Answer 26

if the alteration increases the value of negotiability of a document or instrument.

Question 27

How does intent to deceive fit into forgery offences?

Answer 27

It is not an essential element as long as the prosecution proves that at the time of the alleged act the offender had either intended to use the false document to obtain or that it was to be used or acted upon as genuine

Question 28

Definition

Service

Answer 28

Services is limited to financial or economic value, and excludes privileges or benefits

Question 29

Altering, concealing, destroying with intent to deceive.

Answer 29

S258(1)(a)

Everyone who with intent to obtain by deception any property, privilege, service, pecuniary advantage benefit, valuable consideration, or to cause loss to any other person
alters, conceals, destroys any document or causes any document to be altered, concealed or destroyed

Question 30

Using altered or reproduced document with intent to deceive

b

Answer 30

S259(1)(b)

Every one who, 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,—
(b)
causes any person to use or deal with, or act upon, the document.

Question 31

Definition

Pecuniary Advantage

Answer 31

Hayes v R

A pecuniary advantage is anything that enhances the accused financial position. It is that enhancement which constitutes the element of advantage.

Question 32

Using altered or reproduced document with intent to deceive

a

Answer 32

S259(1)(a)

Every one who, 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

Question 33

In short, what is a false document?

Answer 33

A document that lies about itself. But it must be the document that lies about itself or intend to convey a lie, not just simply a lie recorded on a document.