What the law states
Section 302 of the Crimes Act 1900 (NSW) states that:
A person who has in his or her custody, or under his or her control, an instrument which is false, and which he or she knows to be false, with the intention that the person 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 is possessing a false identification card (fake ID).
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 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?
Just because you have been charged with the offence of Custody of False Instruments, does not mean you are guilty of the offence.
We will investigate the charge against you and advise you on whether you should plead guilty or not guilty at court. Upon investigating your charge we may believe that the evidence against you is so weak that we will request the charge be dropped by the Prosecution.
As imprisonment is a possible penalty for this offence, you can be assured that we do not treat these matters lightly. Our criminal defence lawyers are experienced in dealing with this charge and will fight at court to protect your rights