What the law states
Section 300 of the Crimes Act 1900 (NSW) states that:
(1) A person who uses an instrument which is, and which the person knows to be, false, with the intention of inducing 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 would be making or using a false credit card. There are occasions when police charge a person with using a false instrument when in fact they should be charged with obtaining a benefit by deception. Our experienced criminal lawyers are able to determine whether the police have preferred the wrong charges.
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 using a false instrument is 10 years imprisonment.
Defences
If you are charged with Using a False Instrument you may be able to defend the charge. Some defences available to this offence include:
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Duress
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Intoxication
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Necessity.
How can Prime Lawyers help you?
Our criminal lawyers are experienced in representing people who have been charged with using 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.