The Crimes Act contains several offences in relation to ‘identification information.’
Identification information refers to information about a person (living or dead, real or fictitious) that can be used to identify that person.
Examples of ‘identification information’ includes a person’s name or address, their driver’s licence or licence number, passport or passport number, credit cards or credit card information and so on.
Section 192L of the Crimes Act says that it is against the law to have any equipment in your possession that can be used to make identification documents or things.
To be found guilty of this offence, the prosecution has to prove that you had equipment or materials in your possession that could be used to make documents containing identification information, and that you intended that these documents would be used to commit or facilitate the commission of an indictable offence.
The maximum penalty for this offence is 3 years imprisonment.
However, it’s important to remember that this is the absolute maximum penalty that can be imposed, and it will therefore only apply in the most serious cases.
Our expert lawyers have a wealth of experience defending clients in serious fraud cases, such as ‘possession of identification equipment’ matters and can help you avoid these onerous penalties.
The Legislation
Section 192L of the Crimes Act 1900 deals with the offence of ‘Possessing Equipment to Produce Identification Information’ and reads as follows:
192L Possession of equipment etc to make identification documents or things
A person who:
(a) possesses any equipment, material or other thing that is capable of being used to make a document or other thing containing identification information, and
(b) intends that the document or other thing made will be used to commit, or to facilitate the commission of, an indictable offence,
is guilty of an offence.
Maximum penalty: Imprisonment for 3 years.
Why Sydney Criminal Lawyers®?
Being accused of a fraud offence such as ‘possessing identification equipment’ can result in serious consequences that have an adverse effect on your life and future.
However, our expert fraud lawyers can give you the advice you need to effective fight the charges, so that you can get on with your life as soon as possible.
In every case, our lawyers work hard to have matters resolved at an early stage to spare our clients the time and expense of a defended hearing.
We are able to achieve these types of results by working meticulously to examine all the evidence in order to identify problems with the prosecution case.
We can then write to the prosecution asking to have the charges dropped on this basis.
Where your matter proceeds to court, our exceptional advocates will fight hard to defend you by presenting all favourable evidence in a compelling manner and raising all defences.
Our lawyers are highly skilled at cross-examination and will examine all witnesses in a strategic manner in order to cast doubt on the prosecution case.
Our lawyers’ hard work, coupled with their skills and experience, sets us a cut above the rest when it comes to obtaining excellent results in these cases.
Our lawyers can also help you if you simply wish to plead guilty to the offence. In these cases, we can prepare sentencing submissions which highlight any mitigating factors such as your good character and which emphasise the need for a lenient penalty.
We pride ourselves on our ability to secure outstanding outcomes in every case – even in serious fraud matters.
For the best defence in your ‘identification equipment’ matter, get Sydney’s leading fraud experts on your side today.
Call us on (02) 9261 8881 and book your FREE first conference with one of our esteemed defence lawyers.