Written by
Peter Maley
Director - Criminal Lawyer
Law Information - Commonwealth Offences - Federal
Make False Instrument
Date: 09/01/2009
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 - Make False Instrument
The Maximum penalty for the offence of Make False Instrument is 10 years imprisonment.
What the prosecution must prove - Make False Instrument
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. It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
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.
Possible Defences - Make False Instrument
Possible defences to this offence include but are not limited to
1. Duress
2. Necessity
3. Intoxication
The Court process - Make False Instrument
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.