Use False Instrument

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Use False Instrument Charge - Lawyer / Solicitor Article.

The Law - Use False Instrument - Law – Lawyer / Solicitor Article

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 - Use False Instrument - Penalties – Lawyer / Solicitor Article

The Maximum penalty for the offence of Using a False Instrument is 10 years imprisonment.

What the Police must Prove - Use False Instrument - Lawyer / Solicitor Article

1. The accused used a false instrument.
2. The accused knew it was false.
3. It was used with the intention that another person, would:
    (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 - Use False Instrument - Defences – Lawyer / Solicitor Article

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 - Lawyer / Solicitor Article

Where the value of the property 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 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.