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Forgery

Forgery is an offence under Section 253 of the Crimes Act 1900 which carries a maximum penalty of 10 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You made a false document
  2. Intending that it be used to induce another person to accept it as genuine, and
  3. As a result of its acceptance as genuine:

Obtain property belonging to another, or obtain a financial advantage or cause a financial disadvantage, or influence the exercise of a public duty.

You must be found not guilty if the prosecution is unable to prove each of these elements.

A ‘False Document’ is one that purports to have been:

  1. Made in a form or in terms by a person who did not make it in that form or in those terms
  2. Made in a form or in terms, or altered in any way on authority, by a person who did not authorise it or did not exist
  3. Made or altered on an incorrect date or at an incorrect place.

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