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Section 255 Crimes Act 1900 (NSW) states that “a person who has in his or her possession a false document, knowing that it is false, with the intention that the person or another will use it:
is guilty of an offence.”
Section 250 Crimes Act 1900 (NSW) states the meaning of the term ‘false document’. The section reads the follows:
“(1) For the purposes of this Part, a document is
“false” if, and only if, the document (or any part of the document) purports–
(a) to have been made in the form in which it is made by a person who did not in fact make it in that form, or
(b) to have been made in the form in which it is made on the authority of a person who did not in fact authorise its making in that form, or
(c) to have been made in the terms in which it is made by a person who did not in fact make it in those terms, or
(d) to have been made in the terms in which it is made on the authority of a person who did not in fact authorise its making in those terms, or
(e) to have been altered in any respect by a person who did not in fact alter it in that respect, or
(f) to have been altered in any respect on the authority of a person who did not in fact authorise its alteration in that respect, or
(g) to have been made or altered on a date on which, or at a place at which, or otherwise in circumstances in which, it was not in fact made or altered, or
(h) to have been made or altered by, or on the authority of, a person who did not in fact exist.”
Section 251 Crimes Act 1900 (NSW) states that inducing a person to accept a false document as genuine includes a reference to causing a machine to respond to the document as if it were genuine. The intention of the accused is important here, there need not be a specific intent to induce a specific person, the inducement may be made to any person to accept the false document.
The elements of the offence are as follows:
The prosecution has to prove the following:
The maximum punishment prescribed for this crime is 10 years imprisonment. However, this sentence is given only when the crime is profoundly serious. An offence under this section falls under Table 1 of Schedule 1 of the Criminal Procedure Act 1986 and is generally dealt with in the Local Court unless an election is made otherwise by the DPP or the accused. A table 1 offence carries a maximum punishment of 2 years imprisonment. Further, the court may also impose a fine or order a Community Corrections Order among other sentences.
The defence of duress, and/or no financial gain obtained may be pleaded. There might be other defences available depending on the facts and circumstances of the case.
If you have been charged with the criminal offence of being in possession of a false document, you are innocent until proven guilty beyond reasonable doubt. The jury/Judge or the Magistrate will review all available evidence and circumstances of the case and make a determination that you have been guilty of an offence. This concept was discussed by their Honour of Dixon CJ in Plomp v The Queen [1963] HCA 44; (1963) 110 CLR 234 at 242 where he said:
“All the circumstances of the case must be weighed in judging whether there is evidence upon which a jury may reasonably be satisfied beyond reasonable doubt of the commission of the crime charged”.
The prosecution bear the onus to eliminate any doubt before a guilty verdict can be returned.
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