Forgery and Associated Offences Cont Flashcards
(20 cards)
Section 257 Using Forged Documents
Knowing a document to be forged
a) uses the document to obtain any property, privilege, service, pecuniary advantage, benefit or valuable consideration
b) uses, deals with, or acts upon the document as if it was genuine
c) causes any other person to use, deal with or act upon any document as if it were genuine
10 years
What must you prove in terms of knowledge for Forgery?
You must prove that the defendant knew the document was a forgery the time of the physical act of using, dealing with or acting upon it.
Section 258 (1)(a) - Altering, concealing, destroying, or reproducing documents with intent to deceive
With intent to obtain be deception any property, privilege, service, pecuniary advantage, benefit, or valuable consideration, 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
10 years
Section 258 (1)(b) - Altering, concealing, destroying or reproducing documents with intent to deceive
With intent to obtain be deception any property, privilege, service, pecuniary advantage, benefit, or valuable consideration, or to cause loss to any other person
b) makes a document or causes a document to be made that is, in whole or in part, a reproduction of any other document
10 years
Section 258 (2) - Altering, concealing, destroying or reproducing documents with intent to deceive
When is an offence against subsection (1) complete?
As soon as the alteration or document is made with the intent referred in the subsection.
Although the offender may not have intended that any particular person should -
a) use or act upon the document
b) act on the basis of the absence of the document concealed or destroyed
c) be induced to do or refrain from doing anything
Define ‘altered’:
A document is altered if it is changed in some manner
Define ‘conceal’:
- The actual hiding of a document
- The denial of its existence
- The withholding of it in the face of positive duty to produce it
Define “destruction”:
To end the existence of
Define “reproduction”:
Producing a copy or representation of, or made in imitation
How may an offender ‘cause’ a document to be altered, concealed or destroyed?
Through arranging for the necessary actions by another person or by the use of a computer program which will operate to alter, conceal or destroy the document
Where does the difference in the offences of ‘Forgery’ and ‘Altering or Reproducing a document’ lay?
The differences rest in the varying definitions of ‘document’ or ‘intent’
Explain the difference in intent for ‘Forgery’ and ‘Altering or Reproducing a document’:
With forgery, an intent to deceive only is required, not an intent to obtain by deception.
Altering, concealing, destroying or reproducing a document you must prove that the offender intended to obtain by deception
Explain the difference for a ‘document’ for the offences of ‘Forgery’ and ‘Altering, concealing, destroying or reproducing a document’:
Forgery - the document must be a false document
Altering - Any document may be altered or reproduced.
Section 259 - Using altered or reproduced document with intent to deceive (1)
Knowing any document to have been made or altered in the manner and with the intent referred to in Section 258, with intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration or to cause loss to any other person
a) uses or deals with or acts upon the document
b) causes any person to use or deal with or act upon the document
Under Section 259 - Using altered or reproduced document with intent to deceive, does it matter tat the document was altered or made outside NZ?
No
Explain the ‘conduct’ element for the offence of Section 259 - Using altered or reproduced document with intent to deceive:
It only requires that the defendant have used, dealt with or acted on the document or caused any person to use, deal with or act upon it
What must the prosecution prove for Section 259 - Using altered or reproduced document with intent to deceive
That the document in question had previously been altered with intent to deceive, though it would not seem to be a need to identify the person or persons who had so altered it.
Explain the first mental element of the offence for Section 259
The defendant must know the relevant matters relating to the document in question - that the document had been altered with intent to deceive.
Explain the second mental element of the offence for Section 259
The defendant must have intended by the employment of the document, or by causing another to use or rely on it, to obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration or to cause loss to any other person
Explain the third element of the offence for Section 259
There must be an intention to acquire or retain the property etc or to cause loss “by deception”
