Possessing a False Document
Possessing a False Document is an offence under Section 255 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:
- You were in possession of a False Document
- Knowing the document was false
- Intending to induce another person to accept it as genuine, and
- 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.
A ‘False Document’ is one that purports to have been:
- Made in a form or in terms by a person who did not make it in that form or in those terms
- 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, or
- Made or altered on an incorrect date or at an incorrect place.
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