Other offences (forgery/ altering)

Question 1

Using Forged Documents

Act/Section/Elements

Answer 1

Crimes Act 1961 Section 257(1)

• Everyone who
• Knowing a document to be forged -

(a) Uses the document to obtain any PPPVSB; 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 2

Knowledge for using forged documents.

Must prove:

Answer 2

• The document was false
• The ‘user’ knew that the document had been ‘made’ with the knowledge and intent required under CA 1961, S256

Question 3

Altering, concealing, destroying or reproducing documents with intent to deceive

Act/ Section

Answer 3

Crimes Act 1961 Section 258(1)

• Everyone who
• With intent to obtain by deception
• Any PPPVSB 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

Question 4

Altering, concealing, destroying or reproducing documents with intent to deceive

When is the offence complete?

Answer 4

Crimes Act 1961 Section 258(2)

The offence is complete as soon as the alteration or document is made with the intent under subsection (1) 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

Question 5

• Alteration
• Conceal
• Destruction
  -Reproduction

Definitions

Answer 5

Alteration -
To change it in some way.

Conceal -
(a) The actual hiding of the document
(b) The denial of its existence
(c) The withholding of it in the face of a positive duty to produce it

Destruction -
To end the existence of.

Reproduction -
Producing a copy or representation of, or made in imitation.

Question 6

Difference between forgery and altering document offences:

Answer 6

Forgery only requires an intention to deceive, not an intention to obtain by deception (must be a false document s255)

Altering, concealing, destroying or reproducing a document require that the offender intended to obtain by deception (can be any document)

Question 7

Using altered or reproduced document with intent to deceive
Act/Section

Answer 7

Crimes Act 1961 Section 259(1)

• Everyone who
• Knowing any document to have been made or altered in the manner and with the intent referred to in S258
• With intent to obtain by deception
• Any PPPVSB or to cause loss to any other person -

(a) Uses, deals with or acts upon the document; or
(b) Causes any person to use, deal with or act upon the document

Question 8

How may a defendant ‘cause’ a document to be altered, concealed or destroyed?

Answer 8

Arranging for the necessary actions or using a computer program.