Forgery Flashcards

(17 cards)

1
Q

Elements Of:

Forgery - Section 256(1)

A

10yrs

  • Makes a false document
  • With intent to obtain any BPPPSVC
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2
Q

Elements Of:

Forgery - Section 256(2)

A

3yrs

  • Any Person
  • Makes a false document
  • Knowing it to be false
  • With intent that it in any way be used or acted upon
  • Whether in NZ or elsewhere, as genuine
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3
Q

Elements Of:

Using a Forged Document - Section 257(1)

A

10yrs

  • Knowing a Document to be Forged
  • (A) Uses a Doc to obtain any BPPPSVC OR
  • (B) Uses, deals with or acts upon the document as if it were genuine OR
  • (C) Cause any other person to use, deal with or act upon as if it were genuine
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4
Q

Elements Of:

Altering, Concealing, Destroying or Reproducing a Document with Intent to Deceive - Section 258(1)

A

10yrs

  • With intent to obtain by deception any BPPPSVC or cause loss to any person
  • (A) Alters, Concealing, Destroying any Document
  • (B) Makes a Doc or causes it to be made in whole or in part a reproduction of any other doc.
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5
Q

Offence

Using altered or reproduced document with intent to deceive - Section 259(1)

A

10yrs

  • Knowing a document has been made or altered S 258
  • With intent to obtain by deception any BPPPSVC,
  • Uses, deals with or acts upon the document OR
  • Causes any other person to use the document.
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6
Q

Question

When is Forgery complete?

A

256(3)

As soon as the document is made with the intent described in Sec (1) or (2)

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7
Q

Definition

Use of a Document

A

There is no requirement that the Defendant use the document so long as the intention is there.

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8
Q

Question

What is a false Document?

A

A document which lies about itself or intended to convey a lie.

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9
Q

AIDMORE

Question

When a person alters a document, what might they do?

A

Additions
Insertions
Deletions
Removal of Material
Obliterations
Erasures

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10
Q

Definition

What is the Specific Intent for Forgery?

A

There was an intention to:
- Use the false document to obtain OR
- That the false document be used or acted on as genuine

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11
Q

Question

What are some examples of Forgery?

A
  • Writing an exam in the name of someone else
  • Pre-dating a deed to give it priority
  • Forging letters of recommendation for a job position
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12
Q

Question

How do you prove “Knowledge” (Using a Forged Document)

A

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

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13
Q

Definition

Alteration

A

A document is altered if it is changed in some manner.

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14
Q

Definition

Conceal

A
  • To hide a document
  • Deny its existence
  • Withholding it when asked to do so
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15
Q

Definition

Destruction

A

To end the existence of.

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16
Q

Definition

Reproduction

A

Produce a copy of or make an imitation.

17
Q

Question

What is the difference between Forgery and Altering etc?

A

Forgery
Intent to deceive ONLY and false document is CREATED.

Alter
Intent to obtain by deception and can be any document that is ALTERED.