The law

Section 300 of the Crimes Act states:

(1) A person who makes a false instrument, with the intention that he or she, or another person, will use it to induce another person: 
    (a) to accept the instrument as genuine, and 
    (b) because of that acceptance, to do or not do some act to that other person’s, or to another person’s, prejudice,

is liable to imprisonment for 10 years.

(2) A person who uses an instrument which is, and which the person knows to be, false, with the intention of inducing another person: 
    (a) to accept the instrument as genuine, and 
    (b) because of that acceptance, to do or not do some act to that other person s, or to another person s, prejudice,

is liable to imprisonment for 10 years.

Maximum penalty

The maximum penalty for the offence of make false instrument is ten years imprisonment.

What the police must prove

In order for the police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused made a false instrument.
2. It was made with the intention that he or she, or another person, would use it to induce another person: 
    (a) to accept the instrument as genuine, and 
    (b) because of that acceptance, to do or not do some act to that other person’s, or to another person’s, prejudice.

It will be necessary for the police in every offence to prove that the accused was the person who committed the offence.

Possible defences

Possible defences to this offence include but are not limited to

1. Duress
2. Necessity
3. Intoxication

What court is likely to hear the matter

Where the value of the property charged exceeds $5000, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Where the value of the property charged does not exceed $5000, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Disclaimer

The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact Armstrong Legal.

It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.