Forgery & Associated Offences Flashcards
Forgery Section and Elements
S256 CA61 (1) Every one is liable to imprisonment for a term not exceeding 10 years who makes a false document with the intention of using it to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration. (2) Every one is liable to imprisonment for a term not exceeding 3 years 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 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
Examples of Material Alterations to a document
- Additions - Insertions - Deletions - Obliterations - Erasures - Removal of material or otherwise
Material Alteration Definition
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
Photocopy
A photocopy of a false document claims merely to be a copy and, therefore, does not ‘tell a lie about itself’
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
Knowledge of falsity
do not need to intend that a person be affected by the forgery. Forgery is complete as soon as the documents is made with knowledge and intent.
Prove:
knowing the document was false and;
to use the false doc to obtain or
false doc be used or acted as genuine
Using Forged Documents Section and Elements
S257 CA61 (1) Every one is liable to imprisonment for a term not exceeding 10 years who, 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
Knowledge re Using forged documents
Prove:
Defendant knew it was a forgery at the time of using
Prove the document was false and document was made with intent to defraud.
Altering etc or Reproducing Documents Section and Elements
S258 CA61 (1) Every one is liable to imprisonment for a term not exceeding 10 years who, 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) Every one is liable to imprisonment for a term not exceeding 10 years 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 (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.
Forgery vs Altering etc
Difference is intent
Forgery intent to deceive
altering etc intent to obtain by deception
