The maximum penalty for the offence of using false document is 10 years in prison.
However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.
These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.
In the Local Courts
The most common penalty imposed for use false document to obtain property under section 254(b)(i) of the Crimes Act is community correction order, followed by fine only, then imprisonment, then intensive correction order, conditional release order with conviction, conditional release order without conviction, and section 10(1)(a) dismissal.
The average full term prison sentence imposed for the offence is 14 months and the average non-parole period (the minimum term in prison) is 5 months.
The most common penalty imposed for use false document to obtain financial advantage, etc under section 254(b)(ii) of the Crimes Act is community correction order, followed by imprisonment and intensive correction order, then fine only and conditional release order without conviction, then section 10(1)(a) Dismissal.
The average full term prison sentence imposed for the offence is 20 months and the average non-parole period (the minimum term in prison) is 11 months.
The most common penalty imposed for use false document to influence exercise of public duty under section 254(b)(iii) of the Crimes Act is community correction order, followed by imprisonment, then intensive correction order, then fine only, then conditional release order without conviction, then conditional release order with conviction, then section 10A no other penalty, then section 10(1)(a) dismissal.
The average full term prison sentence imposed for the offence is 9 months and the average non-parole period (the minimum term in prison) is 4 months.
In the Higher Courts
The most common penalty imposed for use false document to obtain financial advantage, etc under section 254(b)(ii) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 4 years and the average non-parole period (the minimum term in prison) is 2.5 years.
The most common penalty imposed for use false document to influence exercise of public duty under section 254(b)(iii) of the Crimes Act is intensive correction order.
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