Elements Of:
Forgery - Section 256(1)
10yrs
Elements Of:
Forgery - Section 256(2)
3yrs
Elements Of:
Using a Forged Document - Section 257(1)
10yrs
Elements Of:
Altering, Concealing, Destroying or Reproducing a Document with Intent to Deceive - Section 258(1)
10yrs
Offence
Using altered or reproduced document with intent to deceive - Section 259(1)
10yrs
Question
When is Forgery complete?
256(3)
As soon as the document is made with the intent described in Sec (1) or (2)
Definition
Use of a Document
There is no requirement that the Defendant use the document so long as the intention is there.
Question
What is a false Document?
A document which lies about itself or intended to convey a lie.
AIDMORE
Question
When a person alters a document, what might they do?
Additions
Insertions
Deletions
Removal of Material
Obliterations
Erasures
Definition
What is the Specific Intent for Forgery?
There was an intention to:
- Use the false document to obtain OR
- That the false document be used or acted on as genuine
Question
What are some examples of Forgery?
Question
How do you prove “Knowledge” (Using a Forged Document)
To prove knowledge you must prove that:
- The document was false AND
- the user knew the document was forged with intent to be used as such
Definition
Alteration
A document is altered if it is changed in some manner.
Definition
Conceal
Definition
Destruction
To end the existence of.
Definition
Reproduction
Produce a copy of or make an imitation.
Question
What is the difference between Forgery and Altering etc?
Forgery
Intent to deceive ONLY and false document is CREATED.
Alter
Intent to obtain by deception and can be any document that is ALTERED.