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Section 144.1 Criminal Code Act
Forgery

Section 144.1 of the Criminal Code Act 1995 (Cth) is Forgery and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Forgery matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

144.1  Forgery

(1)  A person is guilty of an offence if:

(a)  the person makes a false document with the intention that the person or another will use it:

(i)  to dishonestly induce a third person in the third person’s capacity as a public official to accept it as genuine; and

(ii)  if it is so accepted, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and

(b)  the capacity is a capacity as a Commonwealth public official.

Penalty:  Imprisonment for 10 years.

(2)  In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the capacity was a capacity as a Commonwealth public official.

(3)  A person is guilty of an offence if:

(a)  the person makes a false document with the intention that the person or another will use it:

(i)  to dishonestly cause a computer, a machine or an electronic device to respond to the document as if the document were genuine; and

(ii)  if it is so responded to, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and

(b)  the response is in connection with the operations of a Commonwealth entity.

Penalty:  Imprisonment for 10 years.

(4)  In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the response was in connection with the operations of a Commonwealth entity.

(5)  A person is guilty of an offence if:

(a)  the person makes a false document with the intention that the person or another will use it:

(i)  to dishonestly induce a third person to accept it as genuine; and

(ii)  if it is so accepted, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and

(b)  the false document is a false Commonwealth document.

Penalty:  Imprisonment for 10 years.

(6)  In a prosecution for an offence against subsection (5), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.

(7)  A person is guilty of an offence if:

(a)  the person makes a false document with the intention that the person or another will use it:

(i)  to dishonestly cause a computer, a machine or an electronic device to respond to the document as if the document were genuine; and

(ii)  if it is so responded to, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and

(b)  the false document is a false Commonwealth document.

Penalty:  Imprisonment for 10 years.

(8)  In a prosecution for an offence against subsection (7), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.

(9)        Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1), (3), (5) or (7).

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

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


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