Theft/Forgery Flashcards
Key differences between theft and obtaining by deception?
- possession
* ownership.
Theft by person in a special relationship - Legislation - Nice to know
Section 220
1) This section applies to any person who
-has received or is in possession of, or has control
-over, any property
-on terms or in circumstances that the person knows require them to—
(a) to account to any other person for the property, or for any proceeds arising from the property; or
(b) to deal with the property, or any proceeds arising from the property, in
accordance with the requirements of any other person.
(2) Every one (to whom subsection (1) applies) commits theft who:
- intentionally fails to account to the other person as so required OR
- intentionally deals with the property, or any proceeds of the property, otherwise than in accordance with those requirements.
(Must know the person to account or deal with their property)
Theft by person in a special relationship - Two elements of proof required (Me
(a) they received property on terms/circumstances which:
- affect what the defendant may do with the property or
- require the defendant to act in accordance with the requirements of another person
(b) that the defendant intentionally departed from the relevant obligation.
256 - Forgery Legislation (Makes a false document)
Section 256, Crimes Act 1961
(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.
(3) Forgery is complete as soon as the document is made with necessary intent
(4) Forgery is complete even though the false document may be incomplete, if it is so made and indicates that it was intended to be acted upon as genuine
255 - False Document Legislation - P H R N
Section 255 C A 1961
means a document of which the whole or any material part:
(a) purports to be made by any person who did not make it, or by a fictitious person; (Fake test)
(b) has been altered, by addition, insertion, deletion, obliteration, erasure, removal,
- AND that purports to have been altered a person who did not alter it, or on behalf of a fictitious person (Change of date)
(c) Reproduction of any other document,
- AND that purports to have been made by or on behalf of a person who did not make it or authorise it
(e) made in the name of a person,
- with the intention that it should pass as being made by some other person who did not make it, or by a fictitious person (False CV reference)
False document simple definition
A false document must lie about itself.
The document itself must lie about itself, or intend to convey a lie in cases where it has been written by someone intending to pass it off as having
been written by someone else.
These various forms of lies make a document false
Material alteration meaning + examples
You can make a false document by making any material alteration to a genuine document.
- additions
- insertions
- deletions
- obliterations
- erasures
- removal of material or otherwise.
What are the two elements required to create a false document
Knowledge and intention.
The offence is complete as soon as the document is made with these. (Does not need to be used)
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.
257 - Using forged documents - Legislation
(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.
Using forged documents - What must be proven
• the document was false
• the ‘user’ knew that the document had been ‘made’ with the knowledge
and intent required under section 256
