Under Section 255 of the Crimes Act 1900 (NSW), it is an offence to possess a false document while knowing it is false and intending to use it to deceive another person into accepting it as genuine.

The offence applies if acceptance of the false document as genuine would lead to obtaining property, gaining a financial advantage, causing a financial loss, or influencing public duty.

Elements

To establish the offence, the prosecution must prove that the accused:

• Was in possession of a false document.
• Knew the document was false.
• Intended to use the document to induce another person to accept it as genuine.
• That, if accepted as genuine, it would result in one of the following:
  • Obtaining property belonging to another person.
  • Gaining a financial advantage or causing a financial disadvantage.
  • Influencing the exercise of a public duty.

Penalty

The maximum penalty for this offence is 10 years imprisonment.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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