Falsification of documents

– section 83A of the Crimes Act 1958

Falsification of Documents is when documents are forged in order to get someone else to do something.

  • A 16 year old girl makes a false ID to get into over 18 clubs.
  • A man has a machine that makes fake passports.
  • A woman makes a fake bank statement to get a loan.

  • No documents were forged.
  • There was no knowledge that the documents were false.
  • No damage was caused by any false documents.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this
  • Did you forge any documents?
  • Can they prove that you forged documents?
  • Was anyone affected by the false documents?

Maximum penalty and court that deals with this charge
The maximum penalty for this offence is level 5 imprisonment (10 years).

This is a strictly indictable charge which means that your case must be heard in the County Court.
 
The section that covers this offence is section 83A of the Crimes Act 1958.
 
What is the legal definition of Falsification of Documents?
To prove this charge, the Prosecution must show that you intentionally made or used or had a document which was false. And that false document was relied on by someone else to their disadvantage. Or you intentionally used a false document to induce someone else to do or not do something to their disadvantage. Or you had possession of a machine designed or adapted for the intention of making a false document.
 
What can you be sentenced to for this charge?
Falsification of documents is a serious offence that can result in a prison term if you are found guilty. However, as with most charges, it depends on your personal circumstances.