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7.5.14.2 - Checklist: Make False Original Document

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Five elements the prosecution must prove beyond reasonable doubt:

  1. The accused made a document; and
  2. The document the accused made was false; and
  3. The accused knew that s/he was making a false document; and
  4. The accused intended someone would use the document to decive another person into accepting the document as genuine; and
  5. The accused intended that as a result of accepting the document as genuine, that person would act in a way that prejudices somebody.

    Making a document

1. Did the accused make a document?

If Yes, go to question 2

If No, then the accused is not guilty of making a false document

False document

2. Was the document a false document?

Consider – A false document is one that purports to have been [insert relevant form of falsity].

If Yes, go to question 3

If No, then the accused is not guilty of making a false document

Knew the document was false

3. Did the accused know that s/he was making a false document?

If Yes, go to question 4

If No, then the accused is not guilty of making a false document

Intention that document be accepted as genuine

4. Did the accused intend that someone would use the document to deceive another to accept it as genuine?

Consider – The accused may intend to use the document himself/herself.

If Yes, go to question 4

If No, then the accused is not guilty of making a false document

Intention that to cause prejudice

5. Did the accused intend that a person would, due to accepting the document as genuine, act to somebody’s prejudice?

Consider – A person acts to somebody’s prejudice if [insert relevant form of prejudice].

Consider – The person the accused intended to be prejudiced may be the person deceived by the document or may be somebody else.

If Yes, then the accused is guilty of making a false document
(as long as you answered yes to questions 1 to 4)

If No, then the accused is not guilty of making a false document

 

Last updated: 3 June 2011

See Also

7.5.14 - Making or Using a False Document

7.5.14.1 - Charge: Make False Document

7.5.14.3 - Checklist: Make False Copy Document

7.5.14.4 - Charge: Use False Document

7.5.14.5 - Checklist: Use False Original Document

7.5.14.6 - Checklist: Use False Copy Document