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Federal Make False Instrument

Commonwealth Offences – Federal

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

What the Law States according to Federal Law for Make false instrument

According to Federal Law for the charge of Make false instrument:

Section 300 of the Crimes Act states:

(1) 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.

(2) 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.

The Maximum Penalty – Make false instrument

According to Federal Law for the charge of Make false instrument, The Maximum penalty for the offence of Make False Instrument is 10 years imprisonment.

What the Police must prove according to Federal Law for Make false instrument

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 made a false instrument.
  2. It was made with the intention that he or she, 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.

Possible Defences under Federal Law – Make false instrument

Possible defences to this offence include but are not limited to:

  • Duress
  • Necessity
  • Intoxication

In Federal which court will hear the matter – Make false instrument

Where the value of the property charged exceeds $5000, 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.

Where the value of the property charged does not exceed $5000, this matter is a Table 2 offence which means that the DPP 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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