What the law states
Section 300 of the Crimes Act 1900 (NSW) states that:
(1) A person who makes a false instrument, with the intention that he or she, or another person, will use it to induce another person:
(a) to accept the instrument as genuine, and
(b) because of that acceptance, to do or not do some act to that other person’s, or to another person’s, prejudice,
is liable to imprisonment for 10 years.
Example of this offence
An example of this offence would be making a false credit card.
The mental element in false instrument offences requires an intention to cause economic prejudice to others. In such offences, the moral element of the offence is not incorporated into the mental element. The mental element in such offences differs to other fraud offences, where the mental element comprises of the dishonest acts of an individual (the accused) to further their own interests.
Penalty
The maximum penalty for making a false instrument is 10 years imprisonment.
Defences
Some defences available to this offence include duress, intoxication and necessity.
How can Prime Lawyers help you?
Our criminal lawyers are experienced in representing people who have been charged with making a false instrument. We will advise you on your chances of successfully defending your matter and thus being found ‘not guilty’. If you are pleading guilty, we will represent you at court to help minimise the punishment you receive.
If the Police’s case is weak against you, it may be possible to write to them and have them withdraw the charges against you. There are severe imprisonment terms which can be ordered by the Court and thus it is important that you seek advice from a criminal lawyer. We will fight vigorously to protect your rights.