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Chapter 30: Uttering

Table Of Contents 

[30.0] Introduction 

This chapter will examine the offence of 'Uttering', as provided for by section 343 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) 

In that regard reference should be made to the Forgery Act 1913 (UK), section 6. 

[30.1] Offence 

Section 343 of the Penal Code (Ch. 26) states: 

'(1) Any person who knowingly and with intent to deceive or defraud utters any forged document, seal or die is guilty of an offence of the like degree (whether felony or misdemeanour) and shall be liable to the same punishment as if he himself had forged the document, seal or die. 

(2) It is immaterial where the document, seal or die was forged.' 

[30.2] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] did knowingly and with intent to [deceive or defraud] [insert the name of the complainant] did utter a forged [document, seal or die] to wit [specify the document, seal or die].' 

[30.3] Elements 

A. Defendant 

B. Place 

C. Date 

D. Knowingly 

E. Intent To 

[i] Deceive; or 

[ii] Defraud 

F. Complainant 

G. Utter 

H. Forged 

[i] Document; 

[ii] Seal; or 

[iii] Die

[30.4] Knowingly 

Section 4 of the Penal Code (Ch. 26) states that the term 'knowingly' when 'used in connection with any term denoting uttering or using, implies knowledge of the character of the thing uttered or used.'

[30.5] Intent To Deceive To Defraud 

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.' [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.

[30.6] Utter 

The term 'Utter' is defined in section 4 of the Penal Code (Ch. 26) as including: 

'using or dealing with and attempting to use or deal with and attempting to induce any person to use, deal with or act upon the thing in question'. 

See also: R v Austin Yam (Unrep. Criminal Appeal Case No. 33 of 1994; Palmer J).

[30.7] Forged Document Or Seal Or Die 

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.' 

The term 'Seal' is defined in section 332 of the Penal Code (Ch. 26) as including: 

'any stamp or impression of a seal or any stamp or impression made or apparently intended to resemble the stamp or impression of a seal as well as the seal itself.' 

The term 'Die' is defined in section 332 of the Penal Code (Ch. 26) as including: 

'any plate, type, tool, or implement whatsoever, and also any part of any die, plate, type, tool, or implement, any stamp or impression thereof or any part of such stamp or impression.' 

The law relating to a 'False Document' is examined commencing on page 554.

[30.8] Disputed Handwriting 

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

[30.9] Jurisdiction 

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

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

[30.10] Related Offences 

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

The offences of 'Forgery', sections 336 and 337 of the Penal Code (Ch. 26), are examined commencing on page 548.