Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
What Is Forgery?
Section 346 of the Criminal Code Act 2002 (ACT) defines forgery as making a false document with the intention that either they, or another person will present it to someone who will accept it as genuine and that because it is accepted by another person it will cause them to dishonestly obtain a gain, cause a loss or influence a public officer.
A person will be charged under state legislation if the forgery or false documentation involves a local business, organisation or a private individual. If the offence involves a Commonwealth entity such as Centrelink it will be dealt with as a federal forgery offence.
What Actions Might Constitute Forgery?
The following actions would constitute an offence under this section:
- changing the name on a qualification and presenting it in a job interview;
- drafting a will purporting to be for someone else and signing their name;
- changing a will after the will testator has signed it.
To be convicted of this offence the prosecution does not need to prove that you made a false document with the intention that another person would accept it as genuine.
What the Police Must Prove
- that you created or amended a document;
- that the document was false;
- that you intended for the document to be accepted as genuine;
- that if it was accepted as genuine, it would cause a benefit or loss or influence a public officer.
Possible Defences for Forgery
A person charged with a forgery offence can use the following defences:
- that they did not do the acts alleged (factual defence);
- that there was no loss, benefit or influence on a public officer;
- that they acted under duress.
What Court Will Hear Your Matter?
The matter may be heard summarily (in the Magistrates Court) or on indictment (in a higher court). If the matter is heard in the Magistrates Court the maximum penalty that can imposed for a single offence is five years imprisonment. If the matter is finalised in the Supreme Court the maximum penalty of ten years imprisonment can be imposed.
The case of R v Beltrame  NSWSC 252 dealt with an individual who had forged a will. The offender was sentenced to a non-parole period of two years and four months imprisonment.
The maximum penalty is a fine of 1000 penalty units, 10 years imprisonment or both. Courts can also impose one or more of the following orders:
- Prison Sentence
- Intensive Corrections Order (ICO)
- Suspended Sentence
- Community Service Order (CSO)
- Good Behaviour Bond
If you require legal advice about forgery or in any other legal matter, please contact Armstrong Legal.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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