What the law states
Section 302A of the Crimes Act 1900 (NSW) states that:
A person who makes, or who has in his or her custody or under his or her control, a machine or implement, or paper or other material, that is, and that the person knows to be, specially designed or adapted for the making of 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.
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 possessing implements to make false instruments is 10 years imprisonment.
Defences
Some defences available to this offence include duress, intoxication and necessity.
How can Prime Lawyers help you?
If you have been charged with Making or Possessing Implements for Making False Instrumentsyou should not rush into pleading guilty without first seeking legal advice.
Our criminal lawyers are experienced with dealing this charge and will investigate the charge against you. We will give you clear advice on how strong or weak the evidence is against you. If you decide to plead guilty we will advise you on the likely penalties and how we can help you have the penalty minimised by representing you at court at sentencing.
If you are defending the matter we will vigorously fight the charge against you by negotiating with the Prosecution and representing you at your court trial.