Forgery – s 144.1 Commonwealth Criminal Code 1995


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Forgery essentially refers to the creation of a false document with the intention of deceiving another person or machine into believing that it is legitimate.

Being accused of forgery can have a damaging impact on your life and reputation.

But you can give yourself the best defence in your case with the assistance of our dedicated criminal defence team, who have developed a strong reputation for fighting and winning some of the most difficult Commonwealth forgery cases.

Your Options

Pleading Not Guilty

If you believe that you are innocent, you may wish to plead not guilty and engage one of our experienced senior lawyers to defend your innocence in court.

It is important to remember that before you can be found guilty of this offence, the prosecution has to prove certain factors beyond a reasonable doubt.

There are essentially four different types of actions which can give rise to Commonwealth forgery charges. These are:

  • Where you make a fake document with the intention of using it to induce a Commonwealth public official to accept it as genuine, and, if accepted, to dishonestly obtain a gain, cause a loss or influence the exercise of a public duty or function.
  • Where you make a fake document intending it to be used to dishonestly cause a computer, machine or electronic device to respond to the document as if it were genuine, and, if accepted, to dishonestly obtain a gain, cause a loss or influence the exercise of a public duty or function, where the response of the machine is in connection with the operations of a Commonwealth entity.
  • Where you make a false Commonwealth document (such as a passport), intending it to be used to dishonestly induce another person to accept it as being genuine, and if accepted, to dishonestly obtain a gain, cause a loss or influence the exercise of a public duty or function.
  • Where you make a false Commonwealth document (such as a passport) intending it to be used to dishonestly cause a computer, machine or electronic device to accept it as genuine, and, if accepted, to dishonestly obtain a gain, cause a loss or influence the exercise of a public duty or function.

If you feel that the prosecution will not be able to prove that your actions fell into any of the above categories, our lawyers can help you fight the charges in court.

We will carefully scrutinise all evidence to find problems with the prosecution case, and, where problems are found, we will push to have the charges dropped at an early stage.

Alternatively, where the prosecution refuses to drop the charges, we will identify any defences, which, if accepted, will result in a verdict of ‘not guilty.’

Examples of commonly raised defences include:

  • Where you were coerced or threatened into making the false document (duress).

Our lawyers have years of experience fighting and winning serious Commonwealth fraud matters, so you can rest assured that your matter is in safe hands, no matter how serious the charges are.

Pleading Guilty

Alternatively, if you do not want to fight the charges in court, you may elect to simply plead guilty.

This can often be beneficial as it means that you will be spared the time and expense of a defended hearing or criminal trial.

Most importantly, by pleading guilty at an early stage, you will show the court that you have accepted responsibility for your actions.

This will usually result in a lesser sentence being imposed – known as a ‘discount’ on your sentence.

However, before pleading guilty, it’s always important to seek advice from an experienced criminal defence lawyer who will be able to advise you of the best options in your case.

You should also be aware of the maximum penalty that may apply if you plead guilty, which is 10 years imprisonment.

While this is obviously a heavy penalty, it will only apply in the most serious of cases.

With the help of our expert defence team, you may be able to avoid these onerous penalties.

Ultimately, the judge will determine the appropriate penalty after considering all the facts and circumstances of your case.

Possible penalties include:

Why Sydney Criminal Lawyers?

Forgery is a Commonwealth fraud offence which, if left in the wrong hands, may result in serious and onerous consequences.

However, the specialist defence team at Sydney Criminal Lawyers has a wealth of experience fighting and winning these types of cases and can give you the best possible defence in your forgery matter.

Our experts will thoroughly examine all the evidence at an early stage in order to identify any problems with the prosecution case – such as a lack of compelling evidence.

If raised early on, these types of issues may result in the charges being dropped altogether.

Alternatively, if the matter proceeds to court, our lawyers will work alongside leading barristers in order to construct a strong defence case.

We will obtain all relevant evidence, as well as any witnesses who may support your case.

Our lawyers are experts in the art of cross-examination and will carefully examine all witnesses in order to give you the best chance at securing a favourable outcome.

Where you simply wish to accept the charges and plead guilty, our lawyers will prepare sentencing submissions which highlight any positive factors in your case and emphasise the importance of a lenient penalty.

It is our hard work and dedication in every case that allows us to obtain outstanding results, every time.

For the best outcome in your forgery case, get our experts on your side today. Call us on
(02) 9261 8881 and book your FREE first conference
with us now.

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