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."
Fraud - Making or Possessing Device for Making False Document
In the ACT it is an offence to make or possess a device that can be used for making a false document with the intention of obtaining a financial gain. The maximum penalty for this offence is 10 years imprisonment and/or a fine of 1000 penalty units.
What is Making or Possessing a Device for Making a False Document?
Making or possessing a device that has been adapted to make false documents is an offence under Section 349.1 of the Criminal Code Act 2002. The Act states that it is an offence to make or possess such a device with the intention to use it to make false documents or for someone else to use it to make false documents.
A person can be charged with this offence even if the device was designed or adapted to do something else as well.
What Actions Might Constitute the Offence?
The following situations would constitute an offence under this section:
- possessing a card printing machine that has been adapted so that it also prints false identification documents;
- possessing a computer that has had software installed on it that can be used to create false qualifications;
- possessing a device that you intend your friend to use to create false documents.
What Must be Proven
The following elements must be proven in order for the court to find a person guilty of this offence:
- that they made, modified or possessed a device, material or other thing knowing it could make false documents;
- that they did so with the intention that they or another person would use the device, material or thing to falsify a document.
A person charged with this offence can advance the following defences:
- that they did not do the acts alleged (factual defence);
- that they did the acts alleged but had a reasonable excuse;
- that they acted under duress.
What Court Will Hear the 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 two years imprisonment. If the matter is finalised in the Supreme Court the maximum penalty of ten years imprisonment can be imposed.
In the case of Chen v R  NSWCCA 227, the Local Court dealt with what it described as a “sophisticated identification manufacturing operation”. Police found equipment including card printing machines, blank non-embossed cards and a magnetic card reader/encoder. The offender was sentenced to six years imprisonment with a non-parole period of four years.
The case of R v Bin Li and Kun Wang  NSWDC 211 dealt with an individual who possessed equipment that could be used for manufacturing credit cards, drivers’ licences and other identification material. Li was sentenced to seven years and six months imprisonment with a non-parole period of four years and seven months. Wang was sentenced to two years and three months imprisonment with a non-parole period of one year and two months.
The maximum penalty for this offence is a fine of 1000 penalty units and/or 10 years imprisonment. Other penalties a court may impose include:
- Intensive Corrections Order (ICO)
- Suspended Sentence
- Community Service Order (CSO)
- Good Behaviour Bond
- Section 17
If you require legal advice about fraud or 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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