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Forgery, using etc. false documents an indictable offence
Forgery, using etc. false documents an indictable offence
Fraud Offences - VIC
The Law - Forgery, using etc. false documents an indictable offence
What the Law states - Forgery, using etc. false documents an indictable offence
Evidence Act 1958 - SECT 142
Forgery, using etc. false documents an indictable offence142. Forgery, using etc. false documents an indictable offence
Any person who-
(a) forges or counterfeits any seal or stamp or the impression of any sealor stamp whatsoever purporting to be a seal or stamp such as is mentioned or referred to in any provision of this Act;
(b) forges or counterfeits any signature whatsoever purporting to be a signature such as is mentioned or referred to in any provision of this Act;
(c) fraudulently alters any document whatsoever purporting to be a document such as is mentioned or referred to in any provision of this Act or any seal stamp or signature thereon or thereto;
(d) affixes any such seal stamp or signature to any such document knowing
such document to be untrue;
(e) except for some lawful purpose drafts engrosses copies or prepares any such document knowing the same to be untrue;
(f) without full disclosure tenders in evidence or otherwise uses any such document knowing that the seal or stamp or the impression of the seal or stamp or the signature thereon or thereto has been forged or counterfeited or is false or that such document is untrue or has become wholly or partially invalid or that such document or the seal stamp or the impression of the seal or stamp or the signature thereon or thereto has been fraudulently altered-
shall be guilty of an indictable offence.
Maximum Penalty in Victoria
5 years
What the Prosecution must prove - Forgery, using etc. false documents an indictable offence - Vic
1. A person forges or counterfeits a seal, stamp, impressions or signature, alters a document or affixes such a seal, stamp, impression or signature to a document (knowing the same to be untrue).
Possible Defences - Forgery, using etc. false documents an indictable offence
1. Factual dispute.
2. Lack of intent.
3. Honest and reasonable mistake of fact.
Which court will hear the charge of Forgery, using etc. false documents an indictable offence
Magistrates Court or County Court depending upon whether summary jurisdiction is elected
Article published on 01/09/2009. To check if any changes to the law please discuss with one of our lawyers.
