Make False Instrument (NSW)

The maximum penalty for the offence of making a false instrument is ten years imprisonment. In New South Wales, this offence is governed by the Crimes Act 1900.

Jurisdiction

The DPP or the defence can elect to have a make false instruments matter dealt with in the District Court. If no election is made the matter will be dealt with as a summary offence in the Local Court.

What must be proven?

In order for a person to be found guilty of this offence, the prosecution must prove each of the following matters beyond a reasonable doubt.

• The accused made a false instrument.
• It was made with the intention that they, or another person, would use it to induce 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.

It will be necessary for the police in every offence to prove that the accused was the person who committed the offence.

The legislation

Section 300 of the Crimes Act states:

• A person who makes a false instrument, with the intention that he or she, or another person, will use it to induce 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.

• 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.

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