Forgery and Associated Offences - Forgery

Question 1

*Define Forgery?

Answer 1

Makes a false document with the intention of using it to obtain any property, priviilege, service, PA, benefit or VC.

Question 2

*Define Document? (R v Misic)

Answer 2

R v Misic
Essentially a document is a thing which provides evidence or information or serves as a record.

Defn:
- Any document, part document, audio, visual, any material that can be read or understood.

Question 3

Define Use of Document?

Answer 3

Does not need to use the document, as long as there is an intention to use it.

ALSO - they must know that the document is false.

Question 4

Forgery - Material Alterations can include?

Answer 4

• Additions
• Insertions
• Deletions
• Obliterations
• Erasures
• Removal of Material or Otherwise

Question 5

Give one reason why an alteration would be made?

Answer 5

To give value or negotiability of a document or instrument.

Question 6

*What is specified intent?

Answer 6

Prosecution must prove at the time of alleged act - Def knowing the document to be false had intended:

a) To use the false document to obtain OR
b) that the false document be used or acted on as genuine

Question 7

When is Forgery complete?

Answer 7

As soon as the document has been made with knowledge and intent.

Question 8

What are examples of Forgery?

Answer 8

• 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 of inclusion in a CV that are necessary to obtain a position.
• Falsely completing a statement of service on a witness summons.