Obtaining by deception or theft by conversion

Question 1

What is the difference between theft and obtaining by deception

Answer 1

The difference between theft and obtaining by deception hinges on the concepts of:
• possession
• ownership

Question 2

What is theft by conversion

Answer 2

Where goods are obtained on ‘hire’ by a false representation, the offence committed is deception. However, if the offender later sells the hired goods to another, they commit theft by conversion.

Question 3

You can make a false document by making any material alteration to a genuine document. Under section 256, Forgery , such alterations might involve:

Answer 3

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

Question 4

Is a photocopy of a forgery a forgery itself

Answer 4

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

Question 5

Knowledge of falsity

Answer 5

You do not need to intend that a particular person will be affected by the forged document. Forgery is complete as soon as the document is made with knowledge and intent.

Question 6

Intent to deceive is not an essential ingredient of forgery. Nonetheless, the prosecution must prove that, at the time of the alleged act, the defendant, knowing that the document was false, had intended either:

Answer 6

• to use the false document to obtain, or
• that the false document be used or acted on as genuine.
It is not enough that the document is false and that its maker knows it is false. It must also be proved that the offender intended to deceive by means of that which is false.

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

The differences between the offences of forgery and altering or reproducing a document

Answer 8

The differences between the offences of forgery and altering or reproducing a document rest in the varying definitions of ‘document’ and ‘intent’.
With forgery, an intent to deceive only is required, not an intent to obtain by deception.
In the offence of altering, concealing, destroying, or reproducing a document, you must prove that the offender intended to obtain by deception.

Question 9

To prove a charge of forgery under section 256(1), you need to prove the suspect:

Answer 9

• made a false document

* with intent to use it to obtain property etc.

Question 10

under section 256(2) you need to prove the suspect:

Answer 10

• made a false document
• knowing it to be false
• with intent that it in any way be used or acted upon, as genuine
• Essentially, a false document must lie about itself or intend to convey a lie.

Question 11

When a person alters a document, they might make:

Answer 11

additions, insertions, deletions, obliterations, erasures, removal of material

Question 12

An alteration is a material alteration if it

Answer 12

increases the value or negotiability of a document or instrument.

Question 13

Intent to decieve is not an essential ingrediant of forgery. Nonetheless the prosectuion must prove that at the time of the alleged act, the defendant knowing the document was false of the alleged act had intended either

Answer 13

to use the false document to obtain or

that the false document be used or acted on as genuine