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Federal Custody of False Instruments

Commonwealth Offences – Federal

Welcome to the Federal Custody of false instruments article page. Everything you need to know about Custody of false instruments according to Federal law – Dated: 01/09/2009

What the Law States according to Federal Law for Custody of false instruments

According to Federal Law for the charge of Custody of false instruments:

Section 302 of the Crimes Act states:

A person who has in his or her custody, or under his or her control, an instrument which is false, and which he or she knows to be false, with the intention that the person 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.

The Maximum Penalty – Custody of false instruments

According to Federal Law for the charge of Custody of false instruments, the maximum penalty for this offence is 10 years imprisonment.

What the Police must prove according to Federal Law for Custody of false instruments

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused had in his or her custody or control.
  2. An instrument which was false.
  3. The accused knew it to be false.
  4. It was with the intention that another person, would:
    • (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.

Possible Defences under Federal Law – Custody of false instruments

Possible defences to this offence include but are not limited to

  1. Duress
  2. Necessity
  3. Intoxication

In Federal which court will hear the matter – Custody of false instruments

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 in the Local Court.

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