Forgery & Associated Offences Flashcards
Forgery (1)
Section and Elements
S256 CA61
(1) 10 years
makes a false document
with the intention of using it to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration.
Forgery (2)
Section and Elements
S256 CA61
(2) 3 years
Makes a false document
knowing it to be false
with the intent that it in any way be used or acted upon, whether in New Zealand or elsewhere, as genuine.
Forgery
Legislation - When is it complete
S256 CA61
(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.
False Document
S255 CA61
A false document is a document where the whole or material part:
- Purports to be made by or on behalf of a person who did not make it or authorise its making
- Has been altered by addition, insertion, deletion, obliteration, erasure, removal, or otherwise, and purports to be altered by or on behalf of a person who did not alter it or authorise its alteration
- A reproduction of any other document that purports to be made by or on behalf of a person who did not make it or authorise its making
- Made in the name of a person, with the intention it should pass as being made by some other person who did not make it
Person includes fictitious person
Essentially - A document must lie about itself.
Material Alteration
Definition
An alteration that increases the value or negotiability of a document or instrument.
A false document can be made by making material alteration to a genuine document.
Examples of Material Alterations to a document
- Additions
- Insertions
- Deletions
- Obliterations
- Erasures
- Removal of material or otherwise
Photocopy
A photocopy of a false document claims merely to be a copy and, therefore, does not ‘tell a lie about itself’
Intent required in forgery
The defendant must know the document is false, ane either:
- intended to use the false document to obtain OR
- intended that the false document be used or acted upon as genuine
There is no requirement that Defendant use the document, as long as the intent to do so is present.
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
Using Forged Documents
Section and Elements
S257 CA61
(1) 10 years
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.
(2) For the purposes of this section, a document made or altered outside New Zealand in a manner that would have amounted to forgery if the making or alteration had been done in New Zealand shall be deemed to be a forged document
Altering etc or Reproducing Documents
Section and Elements
S258 CA61
(1) 10 years
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) alters, conceals, or destroys any document, or causes any document to be altered, concealed, or destroyed; or
(b) makes a document or causes a document to be made that is, in whole or in part, a reproduction of any other document.
Altering etc or Reproducing Documents
When offence is complete
S258 CA61
(2) An offence against subsection (1) is complete as soon as the alteration or document is made with the intent referred to in that subsection, although the offender may not have intended that any particular person should—
(a) use or act upon the document altered or made; 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.
Using Altered or Reproduced Documents
Section and Elements
S259 CA61
(1) 10 years
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
(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.
Alteration
Not defined in act, normal meaning is that a document is altered if it is changed in some manner
Conceal
In relation to forgery
No defined in the act, it has been held that conceal included:
A) the actual hiding of a document
B) the denial of its existence
C) the withholding of it in the face of a positive duty to produce it (only circumstance where positive duty required)
