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."
Making or Possessing Device for Making a False Document
In the ACT, it is an offence to make or possess a device for making a false document. The offence of making or possessing a device for making a false document is contained in section 349 of the Criminal Code 2002 and is punishable by a maximum penalty of 10 years imprisonment and/or a fine of 1000 penalty units.
What must be proven?
In order for a person to be found guilty of this offence beyond a reasonable doubt, the court must be satisfied that the accused:
- made or changed a device, material or thing; and
- knew the thing was made or changed for making a false document; and
- intended to use the thing themselves or for someone else to use it to commit forgery
- Knows a device, material or other thing is designed or changed to make a false document; and
- They possessed the device, material or other thing; and
- Intended for themselves or someone else to use the thing to commit forgery
What is forgery?
Forgery is when a person makes a false document with the intention that it will be used to dishonestly induce someone to accept it, in order to obtain a gain, cause a loss or influence the exercise of a public duty.
What is possession?
A person can possess something even if it is not physically with them. Legally, a person possesses something if they have knowingly left it with another person, or at a location (whether or not they occupy the location) for their use or for someone’s else’s use.
What if the device was used for another purpose?
A person can be found guilty of making or possessing a device for making false documents even if the device, material or other thing was made or changed for another purpose, if they intended the thing to be used for forgery as well as for the other purpose.
Examples of Making or Possessing Device for Making a False Document
There is a range of actions that may constitute this offence. Some examples are:
- Possession of equipment for manufacturing credit cards, drivers’ licences and other identification material; or
- Possession of card-printing machines, blank non-embossed cards or a magnetic card reader/encoder.
It may be possible for an accused person to defend this charge by arguing:
- that it was committed under duress;
- that alleged offender did not make or change the device, material or thing;
- that the alleged offender did not know the thing was made or changed for making a false document;
- that the alleged offender did not possess the device, material or thing;
- that the alleged offender did not intend the device, material or thing to be used to commit forgery
- that they had a reasonable excuse for possessing the device, material or thing
Which court will hear the matter?
If a person is charged with this offence, they can be dealt with in either the ACT Magistrates Court or the ACT Supreme Court.
If the matter is finalised in the Magistrates Court then the court must not impose a penalty that exceeds a fine of $15,000, imprisonment for five years or both.
If the person is charged under section 349(3) or 349(4) then a maximum penalty of two years imprisonment applies and the matter will be dealt with in the Magistrates Court.
If you require legal advice or representation in any 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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