	Home \| Databases \| WorldLII \| Search \| Feedback \| Help Criminal Law in Solomon Islands

Criminal Law in Solomon Islands

You are here: PacLII >> Databases >> Criminal Law in Solomon Islands >> Chapter 29: Forgery

Chapter 29: Forgery

Table Of Contents

[29.0]	Introduction
[29.1]	Offences
[29.2]	Wording Of Charges
[29.3]	Forgery
[29.4]	False Document
[29.5]	Intent To Defraud
[29.6]	Disputed Handwriting
[29.7]	Jurisdiction
[29.8]	Related Offences

FORGERY

[29.0] Introduction

This chapter will examine the offence of 'Forgery', as provided for by sections 336 and 337 of the Penal Code (Ch. 26).

When interpreting any section of the Penal Code (Ch. 26), section 3 must be considered. That section states:

'This Code shall be interpreted in accordance with the Interpretation and General Provisions Act and the principles of legal interpretation obtaining in England, and expressions used in it shall be presumed, so far as is consistent with their context, and except as may be otherwise expressly provided, to be used with the meaning attaching to them in English criminal law and shall be construed in accordance therewith.' (emphasis added)

See: Forgery Act 1913 (UK), section 3.

[29.1] Offences

Sections 336 and 337 of the Penal Code (Ch. 26) provides that 'forgery' of specified documents with either an intent to defraud or deceive constitutes an offence.

[29.2] Wording Of Charges

Section 336(1)

(a) '[Name of Defendant] at [Place] on [Date] did forge a document to wit [a will, a codicil, a (specify other testamentary document) or (a probate or letters of administration) (with or without) a will annexed] of [specify the name of this person] with intent to defraud [the said person or a person namely (specify the name of this person)].'

(b) '[Name of Defendant] at [Place] on [Date] did forge a document to wit [a deed, a bond, an assignment (at law or in equity) of a (deed or bond) or an attestation of the execution of a (deed or bond)] of [specify the name of this person] with intent to defraud [the said person or a person namely (specify the name of this person)].'

(c) '[Name of Defendant] at [Place] on [Date] did forge a document to wit [a currency note, bank note or an (endorsement on or assignment of) a bank note] with intent to defraud.'

Section 336(2)

(a) '[Name of Defendant] at [Place] on [Date] did forge a document to wit [a valuable security, an (assignment thereof or endorsement thereon) a valuable security to wit a (specify the valuable security) or an acceptance thereof of a valuable security to wit a bill of exchange] of [specify the name of this person] with intent to defraud [the said person or a person namely (specify the name of this person)].'

(b) '[Name of Defendant] at [Place] on [Date] did forge [a document of title to lands or an (assignment thereof or endorsement thereon) a document of title to lands] of [specify the name of this person] with intent to defraud [the said person or a person namely (specify the name of this person)].'

(c) '[Name of Defendant] at [Place] on [Date] did forge [a document of title to goods or an (assignment thereof or endorsement thereon) a document of title to goods] of [specify the name of this person] with intent to defraud [the said person or a person namely (specify the name of this person)].'

(d) '[Name of Defendant] at [Place] on [Date] did forge a document to wit a [power of attorney or (specify other authority)] to transfer [a share or interest]

· in [stock, an annuity or the public fund of (Solomon Islands, a part of Her Majesty's dominions to wit [specify the name of this country] or a [foreign state or country] to wit [specify the name of this country])]; or

· in the [debt or capital stock] of a [Solomon Islands or foreign] [public body, company or society] to wit the [specify the name of the (public body, company or society)]

with intent to defraud a person namely [specify the name of this person].'

'[Name of Defendant] at [Place] on [Date] did forge a document to wit a [power of attorney or (specify other authority)] to receive [a dividend or money payable] in respect of [a share or interest]

· in the [debt or capital stock] of a [Solomon Islands or foreign] [public body, company or society] to wit the [specify the name of the (public body, company or society)]

with intent to defraud a person namely [specify the name of this person].'

'[Name of Defendant] at [Place] on [Date] did forge a document to wit a [power of attorney or (specify other authority)] to transfer [a share or interest]

· in the [debt or capital stock] of a [Solomon Islands or foreign] [public body, company or society] to wit the [specify the name of the (public body, company or society)].

to receive an attestation of the said [power of attorney or authority] with intent to defraud a person namely [specify the name of this person].'

(e) '[Name of Defendant] at [Place] on [Date] did forge a document to wit an entry in a [book or register] which was evidence of the title of a person namely [specify the name of this person] to [a share or interest]

· in the [debt or capital stock] of a [Solomon Islands or foreign] [public body, company or society] to wit the [specify the name of the (public body, company or society)]

with intent to defraud a person namely [specify the name of this person].'

'[Name of Defendant] at [Place] on [Date] did forge a document to wit an entry in a [book or register] which was evidence of the title of a person namely [specify the name of this person] to [a dividend or money payable] in respect of [a share or interest]

· in the [debt or capital stock] of a [Solomon Islands or foreign] [public body, company or society] to wit the [specify the name of the (public body, company or society)]

with intent to defraud a person namely [specify the name of this person].'

(f) '[Name of Defendant] at [Place] on [Date] did forge a document to wit [a policy of insurance or an (assignment thereof or endorsement thereon) a policy of insurance] with intent to defraud a person namely [specify the name of this person].'

(g) '[Name of Defendant] at [Place] on [Date] did forge a document to wit [a charter-party or an assignment thereof a charter-party] with intent to defraud a person namely [specify the name of this person].'

(h) '[Name of Defendant] at [Place] on [Date] did forge a certificate of [the Chief Accountant or an officer acting in execution of the Income Tax Act (Ch. 123)] namely [specify the name of this person] with intent to defraud the Government of the Solomon Islands.'

Section 337(1)

(1) '[Name of Defendant] at [Place] on [Date] did forge a document having [thereon or affixed thereto] [the (stamp or impression) of the Great Seal of the United Kingdom, Her Majesty's Privy Seal, a privy signet of Her Majesty, Her Majesty's Royal Sign Manual, (specify other of Her Majesty's official seals) or the National Seal of Solomon Islands] with intent to [defraud or deceive] a person namely [specify the name of this person].'

(2)        (a) '[Name of Defendant] at [Place] on [Date] did forge a document to wit a [register or record] of [births, baptisms, namings, dedications, marriages, deaths, burials and/or cremations] which [was or hereafter may be] by law [authorised or required] to be kept relating to any [birth, baptism, naming, dedication, marriage, death, burial and/or cremation] with intent to [defraud or deceive] a person namely [specify the name of this person].'

'[Name of Defendant] at [Place] on [Date] did forge a document to wit a part of a [register or record] of [births, baptisms, namings, dedications, marriages, deaths, burials and/or cremations] which [was or hereafter may be] by law [authorised or required] to be kept relating to any [birth, baptism, naming, dedication, marriage, death, burial and/or cremation] with intent to [defraud or deceive] a person namely [specify the name of this person].'

(b) '[Name of Defendant] at [Place] on [Date] did forge a document to wit a copy of a register of [baptisms, marriages, burials or cremations] [directed or required] by law to be transmitted to [a registrar or an officer of (specify the position of this officer)] with intent to [defraud or deceive] a person namely [specify the name of this person].'

(c) '[Name of Defendant] at [Place] on [Date] did forge a document to wit a certified copy of a record purporting to be signed by an officer having charge of public [documents or records] with intent to [defraud or deceive] a person namely [specify the name of this person].'

(d) '[Name of Defendant] at [Place] on [Date] did forge a document to wit a [wrapper or label] provided [by or under] the authority of the [Chief Accountant or Comptroller of Customs and Excise] with intent to [defraud or deceive] a person namely [specify the name of this person].'

(3)        (a) '[Name of Defendant] at [Place] on [Date] did forge an official document [(of or belonging to) a court of justice or (made or issued) by a (Judge, Magistrate, officer or clerk of a court of justice)] to wit a [specify the document] with intent to [defraud or deceive] a person namely [specify the name of this person].'

(b) '[Name of Defendant] at [Place] on [Date] did forge a document to wit a [register or book] kept under the [provisions of a law in or authority of] a court of justice to wit a [specify the (register or book)] with intent to [defraud or deceive] a person namely [specify the name of this person].'

(c) '[Name of Defendant] at [Place] on [Date] did forge a document to wit [a certificate or (an office or a certified) copy] of

·                     an official document [(of or belonging to) a court of justice or (made or issued) by a (Judge, Magistrate, officer or clerk of a court of justice)] to wit a [specify the document]; or

·                     a [register or book] kept under the [provisions of a law in or authority of] a court of justice to wit a [specify the (register or book)]

with intent to [defraud or deceive] a person namely [specify the name of this person].'

'[Name of Defendant] at [Place] on [Date] did forge a document to wit a part of [a certificate or (an office or a certified) copy] of

·                     an official document [(of or belonging to) a court of justice or (made or issued) by a (Judge, Magistrate, officer or clerk of a court of justice)] to wit a [specify the document]; or

·                     a [register or book] kept under the [provisions of a law in or authority of] a court of justice to wit a [specify the (register or book)]

with intent to [defraud or deceive] a person namely [specify the name of this person].'

(d) '[Name of Defendant] at [Place] on [Date] did forge a document which a Magistrate was [authorised or required] by law to [make or issue] to wit a [specify the document] with intent to [defraud or deceive] a person namely [specify the name of this person].'

(e) '[Name of Defendant] at [Place] on [Date] did forge a document which a person authorised to administer an oath under the law is [authorised or required] by law to [make or issue] to wit a [specify the document] with intent to [defraud or deceive] a person namely [specify the name of this person].'

(f) '[Name of Defendant] at [Place] on [Date] did forge a document [made or issued] by a head of a [Government department or law officer of the Crown] to wit a [specify the document] with intent to [defraud or deceive] a person namely [specify the name of this person].'

'[Name of Defendant] at [Place] on [Date] did forge a document upon which by [the law or usage] at the time in force [a court of justice or an officer] might act to wit a [specify the document] with intent to [defraud or deceive] a person namely [specify the name of this person].'

(g) '[Name of Defendant] at [Place] on [Date] did forge a [document or copy of a document] [used or intended to be used] in evidence in a court of record to wit a [specify the document] with intent to [defraud or deceive] a person namely [specify the name of this person].'

'[Name of Defendant] at [Place] on [Date] did forge a document which was made evidence by law to wit a [specify the document] with intent to [defraud or deceive] a person namely [specify the name of this person].'

(h) '[Name of Defendant] at [Place] on [Date] did forge a document to wit [a certificate or the consent] required by an Act to wit the [specify the Act] for the celebration of marriage to wit a [specify the document] with intent to [defraud or deceive] a person namely [specify the name of this person].'

(i) '[Name of Defendant] at [Place] on [Date] did forge a document to wit a licence for the celebration of marriage which may be given by law with intent to [defraud or deceive] a person namely [specify the name of this person].'

(j) '[Name of Defendant] at [Place] on [Date] did forge a document to wit [a certificate, a declaration or an order] under an enactment relating to the registration of births or deaths to wit [specify the enactment] with intent to [defraud or deceive] a person namely [specify the name of this person].'

(k) '[Name of Defendant] at [Place] on [Date] did forge a document to wit [a register, a book, a builder's certificate, a surveyor's certificate, a certificate of registry, a declaration, a bill of sale, an instrument of mortgage, or certificate of (mortgage or sale)] under Part I of the Merchant Shipping Act 1894 with intent to [defraud or deceive] a person namely [specify the name of this person].'

'[Name of Defendant] at [Place] on [Date] did forge a document to wit an [entry or endorsement] required by Part I of the Merchant Shipping Act 1894 to be made [in or on] [a register, a book, a builder's certificate, a surveyor's certificate, a certificate of registry, a declaration, a bill of sale, an instrument of mortgage, or certificate of (mortgage or sale)] with intent to [defraud or deceive] a person namely [specify the name of this person].'

(l) '[Name of Defendant] at [Place] on [Date] did forge a document to wit a [permit, certificate or (specify a similar document)] [made or granted] [by or under] the authority of [the Comptroller of Customs and Excise or an officer of Customs and Excise] with intent to [defraud or deceive] a person namely [specify the name of this person].'

(m) '[Name of Defendant] at [Place] on [Date] did forge a document to wit a certificate to wit a [specify the certificate] with intent to [defraud or deceive] a person namely [specify the name of this person].'

[29.3] Forgery

Section 333 of the Penal Code (Ch. 26) states:

'(1) Forgery is the making of a false document in order that it may be used as genuine, and in the case of the seals and dies mentioned in this Part of this Code the counterfeiting of a seal or die, and forgery with intent to defraud or deceive, as the case may be, shall be punishable as provided in this Part of this Code.

(2) It is immaterial in what language a document is expressed or in what place within or without Her Majesty's dominions it is expressed to take effect.

(3) Forgery of a document may be complete even if the document when forged is incomplete, or is not or does not purport to be such a document as would be binding or sufficient in law.

(4) The crossing on any cheque, draft on a banker, post office money order, postal order, coupon, or other document the crossing of which is authorised or recognised by law, is a material part of such cheque, draft, order, coupon, or document.' (emphasis added)

The term 'Document' is defined in section 16 of the Interpretation & General Provisions Act (Ch. 85) as including:

'any publication and any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, which is intended to be used or may be used for the purpose of recording that matter.'

In R v Dodge & Harris (1971) 55 CrAppR 440 [[1972] 1 QB 416; [1971] 2 AllER 1523; [1971] 3 WLR 366] Phillimore J, delivering the judgment of the Court, held at page 442:

'Now the words "making a false document" in plain simple language would be wide enough, I suppose, to cover a document which contains statements which are untrue, but the words have always been interpreted in a restricted sense – the phrase that is used is that the document must tell a lie about itself.' (emphasis added)

In R v Gambling (1975) 60 CrAppR 25 [[1975] QB 207; [1974] 3 AllER 479; [1974] 3 WLR 558; [1974] CrimLR 600] May J, delivering the judgment of the Court, stated at pages 27 – 28:

'Now section 1(1) of the Act [, referring to the Forgery Act 1913 (UK),] provides that "forgery is the making of a false document in order that it may be used as genuine." This definition involves two considerations: first, that the relevant document should be false; and secondly, that it was made in order that it might be used as genuine.

[…]

Given […] that each application was "false", was it made "in order that it might be used as genuine"? Indeed what do these words involve in the context of the present case? Clearly they require proof of an intent on the part of the maker of the false document that it shall in fact be used as genuine. We think that they also involve that the untrue statement in the document must be the reason or one of the reasons which results in the document being accepted as genuine when it is thereafter used by the maker. It is this concept which we think is sought to be expressed in the aphorism – as to the usefulness of which views may differ strongly – that the document must not only tell a lie, it must tell a lie about itself. […] If this correct, then it seems to us to follow that in cases such as the present in which the falsity of a document arises from the use of a fictitious name or signature, or both, then that document is a forgery only if, as counsel for the appellant contended, having regard to all the circumstances of the transaction, the identity of the maker of the document is a material factor. […]

In many cases the materiality of the identity of the maker would be so obvious that evidence would be unnecessary: for example, when the document is a cheque or bill of exchange and the purported signature of the drawer, or endorser, or the acceptor has been written by someone other than the person whose signature it purports to be. In other cases, such as the present, evidence would be required, and the materiality or otherwise of the identity of the maker of the document must be a matter for the jury.' (emphasis added) [words in brackets added]

In R v Bussey (1931) 22 CrAppR 160 Swift J, delivering the judgment of the Court, stated at page 162:

'The distinction between the two intents [, referring to 'intent to defraud' and 'intent to deceive',] was mentioned by Buckley J in LONDON AND GLOBE FINANCE CORPORATION. In r: "To deceive is, I apprehend, to induce a man to believe that a thing is true which is false, and which the person practicing the deceit: it is by deceit to induce a man to act to his injury. More tersely it may be put, that to deceive is by falsehood to induce a state of mind; to defraud is by deceit to induce a course of action.' (emphasis added) [words in brackets added]

See also: Attorney – General's Reference No. 2 of 1980 (1981) 72 CrAppR 64; [1981] 1 AllER 493 & R v Turner (1981) 72 CrAppR 117.

The terms 'Bank Note', 'Coin', 'Current Coin', 'Currency Note', 'Die', 'Revenue Paper', 'Seal', 'Stamp' & 'Treasury Bill' are defined in section 332 of the Penal Code (Ch. 26).

[29.4] False Document

Section 334 of the Penal Code (Ch. 26) states:

'(1) A document is false if the whole or any material part thereof purports to be made by or on behalf or on account of a person who did not make it nor authorise its making; or if, though made by or on behalf or on account of the person by who or by whose authority it purports to have been made, the time or place of making, where either is material, or, in the case of a document identified by number or mark, the number of any distinguishing mark identifying the document is falsely stated therein; and in particular a document is false —

(a) if any material alteration, whether by addition, insertion, obliteration, erasure, removal, or otherwise, has been made therein; or

(b) if the whole or some material part of it purports to be made by or on behalf of a fictitious or deceased person; or

(c) if, though made in the name of an existing person, it is made by him or by his authority with the intention that it should pass as having been made by some person, real or fictitious, other than the person who made or authorised it.

(2) A document may be a false document for the purposes of this Part of this Code notwithstanding that it is not false in any such manner as is described in subsection (1) of this section.'

The term 'Document' is defined in section 16 of the Interpretation & General Provisions Act (Ch. 85) as including:

For a document to be a false document it must tell a lie about itself, see R v Dodge & Harris [1972] 1 QB 416; [1971] 2 AllER 1523; (1971) 55 CrAppR 440; [1971] 3 WLR 366.

Where the falsity of a document is alleged to arise from the use of a fictitious name or signature the document is a forgery only if, having regards to all the circumstances of the transaction the identity of the maker of the document was a 'material factor', see R v Gambling [1975] QB 207; [1974] 3 AllER 479; (1974) 60 CrAppR 25; [1974] 3 WLR 558; [1974] CrimLR 600.

The use of a fictitious name on cheques for the purpose of 'fraud' may also amount to a forgery, see R v Hassard & Devereaux [1970] 2 AllER 647; (1970) 54 CrAppR 295.

See also: Brott v R (1992) 173 CLR 426; (1992) 105 ALR 189; (1992) 66 ALJR 256; (1992) 55 ACrimR 97 & R v Haskett & Calder [1975] 1 NZLR 30.

[29.5] Intent To Defraud

Section 335 of the Penal Code (Ch. 26) states:

'An intent to defraud is presumed to exist if it appears that at the time when the false document was made there was in existence a specific person ascertained or unascertained capable of being defrauded thereby, and this presumption is not rebutted by proof that the offender took or intended to take measures to prevent such person from being defrauded in fact, nor by the fact that he had or thought he had a right to the thing to be obtained by the false document.' (emphasis added)

In Welham v Director of Public Prosecutions (1960) 44 CrAppR 123 [[1961] AC 103; [1960] 1 AllER 805; [1960] 2 WLR 669] it was held per Lord Denning at page 155:

'Put shortly, "with intent to defraud" means "with intent to practice a fraud" on someone or other. It need not be anyone in particular. Someone in general will suffice. If anyone may be prejudiced in any way by the fraud, that is enough.'

See also: R v Faith Osifelo (Unrep. Criminal Case No. 36 of 1992; Palmer J); R v Sotere Ria (Unrep. Criminal Case No. 9 of 1993; Palmer J); R v Austin Yam (Unrep. Criminal Appeal Case No. 33 of 1994; Palmer J); R v John Mark Tau & 16 others (Unrep. Criminal Case No. 58 of 1993; Palmer J) & R v Moon (1968) 52 CrAppR 12.

[29.6] Disputed Handwriting

The law to the admissibility of 'Handwriting Evidence' is examined commencing on page 206.

[29.7] Jurisdiction

The jurisdiction of the Courts in respect of the offence of 'Forgery' is examined commencing on page 14.

The law relating to 'Sentencing' in respect of that offence is examined commencing on page 918.

[29.8] Related Offences

The offences are related to the offence of 'Forgery' are provided for in Part XXXVI 'Forgery, Coining, Counterfeiting & Similar Offences' of the Penal Code (Ch. 26).

The offence of 'Uttering', section 343 of the Penal Code (Ch. 26) is examined commencing on page 558.

PacLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback| Report an error
URL: http://www.paclii.org/sb/criminal-law/ch29-forgery.htm