Short answer

Question 1

How is the term (representation) interpreted (not defined) by the courts. State the relevant case law in your answer

Answer 1

Not defined

Examples have included representations about a past or present fact, or a future event; or about an existing intention, opinion, belief, knowledge or other state of mind.

It must be capable of being false, so it must contain a proposition of fact - Simester & Brookbanks

Question 2

An offender knowingly presents to the retailer an item with two price tags for different amounts, aware that the higher amount is the correct price, he shows the lower price to the checkout operator and obtains the item for the lower price. He is apprehended by Police some two days later for this offence.

a) What offence has the offender committed?
b) Who has title to the item obtained by the offender?

Answer 2

a) Obtains by Deception

b) Title would belong to the Offender which has been obtained by deception.

Question 3

Laverty - Inducement

Answer 3

It’s necessary for the prosecution to prove that the person parting with the property was induced to do so by the false rep.

Question 4

What is the difference between forgery and altering / reproducing of a document?

Answer 4

• Forgery, requires an intent to deceive & the document must be false
• Altering or Reproducing a Document, requires an intent to obtain by deception & any applies to any document.

Question 5

Examples of Material Alterations to a document include?

Answer 5

RADIO

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

Question 6

When is forgery complete?

Answer 6

Forgery is complete as soon as the document is made with the intent described in ss(1) of s256

Or with the knowledge and intent described in subsection (2).