Uttering Crimes of Dishonesty

Question 1

Uttering

Answer 1

is a specialised form of fraud and is similiar to attempted fraud as no result is required, conduct crime. AR - this involves deliberately exposing a forged document to another, as if genuine, in the knowledge that it is forged. MR-intention to deceive

Question 2

Macdonald v Tudhope 1984

Answer 2

Man Tresurer responsible for maintaining a true record of the cash withdrawn from gaming machines, no sings.‘When the wriing is dishonestly used towards the prejudice of some person’- Not necessary that any injury or pracical result is atained; actual prejudice is not necessary - an outcome going towards prejudice of the victim is sufficient

Question 3

Barr v HMA 1927

Answer 3

the appeal court was specifically asked by the Crown to declare that forgery itself was a crime in Scots criminal law. It declined to do so. (Lord Justice-Clerk Alness)

Question 4

Simon Fraser 1859 ?

Answer 4

it was held that a document is only a forgery where it is intended to represent and pass for the genuine writing of another person. Accused with the help of colleague, created and signed a doc which contained completely false info, this was not uttering. The mens rea of uttering requires the Crown to prove that the accused knew that the document was false and that she intended the other party to be deceived by it.