Custody of False Instruments (NSW)

In New South Wales, having custody of false instruments is an offence. The maximum penalty for the offence of having custody of false instruments is ten years imprisonment.

What court will hear the matter

This matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with as a summary offence in the Magistrates Court.

What must be proven

In order for the police to prove their case at court, they must prove each of the following matters beyond a reasonable doubt:

  • The accused had in his or her custody or control an instrument which was false;
  • The accused knew it to be false;
  • The accused had the intention that another person would:(a) accept the instrument as genuine, and b) because of that acceptance, do or not do some act to the prejudice of another person.

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