Using a false document is an offence under Section 254 of the Crimes Act 1900 (NSW), with a maximum penalty of 10 years imprisonment.

A person can be found guilty if they knew the document was false and used it intending that someone would accept it as genuine, resulting in them obtaining property, obtaining a financial advantage, causing someone financial disadvantage, or influencing the exercise of a public duty.

Elements

The prosecution must prove beyond reasonable doubt that:

• The document was used by the accused.
• The accused knew it was false.
• There was an intention to induce another person to accept the document as genuine.
• The acceptance led to one of the following:
  • Obtaining property belonging to another
  • Obtaining a financial advantage
  • Causing financial disadvantage
  • Influencing the exercise of a public duty

Penalties

Using a false document carries a maximum penalty of 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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