Forgery & Associated Offences

Question 1

Forgery:

Act/Section/Elements

Answer 1

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.

Question 2

Forgery Legislation - When is it complete?

Answer 2

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.

Question 3

False document definition (summarised)

Answer 3

CA61; S255:

false document:

(a) Made by a person who didn’t make it
(b) Authorised by someone that didn’t authorise it
(c) Made on behalf of a fictitious person
(d) Altered by or on behalf of a person who did not authorise it
(e) A reproduction of the above
(f) Made in someone else’s name that did not make it.

Question 4

Examples of material alterations to a document

(ROADIE)

Answer 4

• Removal of material or otherwise
• Obliterations
• Additions
• Deletions
• Insertions
• Erasures

Question 5

Material alteration - definition

Answer 5

An alteration is 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

Question 6

Photocopy

Answer 6

A photocopy of a false document claims merely to be a copy and, therefore, does not ‘tell a lie about itself’

Question 7

Examples of Forgery

Answer 7

• 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

Question 8

Using forged documents:

Act/Section/Elements

Answer 8

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.

Question 9

Using forged documents - knowledge

Answer 9

• You must prove that the defendant knew the document was a forgery at the time of the physical act of using, dealing with, or acting upon it.
• You must prove the document was false.
• You must prove the ‘user’ knew the document had been ‘made’ with the knowledge and intent required under S256.

Question 10

Altering etc or Reproducing Documents - Legislation

Answer 10

CA61; S258:

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
4. (b) makes a document or causes a document to be made that is, in whole or in part, a reproduction of any other document.

Question 11

Altering etc or Reproducing Documents

When offence is complete

Answer 11

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.

Question 12

Alteration, conceal or destroy etc

Answer 12

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.

Question 13

Altering etc or reproducing documents - to ‘cause’

Answer 13

Through arranging for the necessary actions by another person or by the use of a computer program or other device which will operate to alter, conceal or destroy the document.

Question 14

Altering etc or reproducing documents - mental element

Answer 14

1. An intention to obtain by deception any property etc OR
2. An intention to cause loss

There is no requirement the loss is intended to be inflicted by deception. The simple destruction of a document so as to deprive another of something of value might fall within the section.

Question 15

Forgery v altering etc or reproducing a document

Answer 15

• The difference is in the varying definitions of ‘document’ and ‘intent’
• Forgery: - an intent to deceive
• Altering or reproducing: - an intent to obtain by deception.
• S258 - any document can be altered; S256 - the document must be a ‘false document’

Question 16

Using altered or reproduced documents with intent to deceive

Legislation

Answer 16

S259 CA61

1. Knowing any document to have been made or altered in the manner and with the intent referred to in section 258,
2. 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.

Question 17

Using altered or reproduced documents with intent to deceive - mental element

Answer 17

1. Must know the document has been altered with intent to deceive.
2. Must to obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration or to cause loss to any other person.
3. Must be an intention to acquire or retain the property or to cause loss by deception.