Introduction to Using False Documents as an Offence

A person using a fake document in New South Wales is actually breaking the law, as stated in the Crimes Act 1900. This is when someone tries to pass off a phony document as genuine, aiming to fool others into believing it’s the real deal.

If a false document is accepted as genuine, and this results in obtaining property, securing a financial advantage, or influencing a public duty, the person using the document can be charged. This guide provides essential information about this offence, including what defines a ‘false document’, what the prosecution must prove beyond reasonable doubt, potential penalties like imprisonment for up to 10 years, and available defences. This information is important for anyone seeking to understand the law around using a false document in NSW.

Defining the Offence of Using a False Document

What Constitutes a False Document?

Under section 250(1) of the Crimes Act 1900 (NSW), a document is considered false under specific conditions. A document is deemed false if it, or any part of it, purports to be any of the following:

• Made without proper authority: If a document claims to be made by a person or under their authority, but that person did not actually create or authorise it in its current form or terms.
• Altered without authorisation: If a document appears to have been changed by someone or with the permission of someone who did not actually make or approve the alteration.
• Incorrect date or place of creation: If a document falsely indicates it was made or altered at a time or location where it was not actually created or modified, or under different circumstances than the reality.
• Made by a non-existent person: If a document suggests it was created or altered by or with the authority of someone who does not exist.

It is important to note that even a copy of a document that is presented as genuine will be treated as the original document in the eyes of the law.

Elements of the Offence: What the Prosecution Must Prove

To establish the offence of using a false document under section 254 of the Crimes Act 1900, the prosecution must prove several elements beyond reasonable doubt. These elements are crucial for securing a conviction and include demonstrating that the accused:

• Used a false document: The person must have used a document that meets the legal definition of a false document.
• Knowledge of falsity: The accused must have been aware that the document they used was false at the time of use.
• Intention to induce acceptance: The use of the false document must be intended to persuade another person to accept it as genuine. Importantly, it is sufficient to prove the intention to induce ‘some person’ generally, not necessarily a specific individual. Inducing acceptance also extends to causing a machine to respond to a document as if it were genuine.
• Specific consequential intention: The intention behind inducing acceptance of the false document must be for one of the following purposes:
  • Obtaining property belonging to someone else.
  • Gaining a financial advantage or causing financial disadvantage to another.
  • Influencing the exercise of a public duty.

If any of these elements cannot be proven beyond reasonable doubt by the prosecution, then the accused cannot be found guilty of the offence of using a false document.

Actions That Constitute Using a False Document

Examples of Using False Documents

To understand the practical implications of the law, it’s helpful to consider examples of what actions might be classified as using a false document. These examples illustrate the diverse scenarios in which this offence can occur and highlight the importance of understanding the scope of the law.

Some instances of using a false document include:

• Presenting a false copy of a driver’s license to secure a loan. Imagine a scenario where Person A needs a monetary loan and provides a fake driver’s license as proof of identity to the lender. This action of presenting a false document to obtain a financial advantage directly falls under the offence.
• Using false driver’s licenses to purchase pseudoephedrine-based products. In the case of the defendant used false driver’s licenses at different pharmacies to buy pseudoephedrine-based products. This was done to bypass restrictions on selling large quantities of pseudoephedrine to a single person, demonstrating an attempt to gain an advantage by using false documents.
• Submitting a document with forged signatures to register a motor vehicle. Consider the case where the defendant used a document, supposedly signed by two company directors, to register a vehicle under the company’s name. When the directors disputed the authenticity of their signatures, it highlighted the use of a false document to influence an administrative process.
• Providing a false passport in a fraudulent home loan application. In the case, the defendant made a fraudulent home loan application to a bank and included a false Australian passport as part of the application. This act of submitting a false document aimed to secure a financial advantage through deception.

The Concept of ‘Inducing’ Acceptance

A critical element of the offence is ‘inducing’ someone to accept a false document as genuine, and it is set out under section 251 of the Crimes Act 1900 (NSW). This concept is broader than just deceiving a person; it also extends to interactions with machines.

Key aspects of ‘inducing’ acceptance include:

• Application to machines: ‘Inducing’ includes situations where a false document is presented to a machine, and the machine responds to it as if it were genuine. For example, if someone uses a fake ticket to enter a train station through an automated gate, this action would be considered ‘inducing’ the machine to accept the false document as genuine.
• Intent to induce ‘some person’: To prove this offence, the prosecution does not need to demonstrate that you intended to deceive a specific individual. It is sufficient to show that there was an intent to induce ‘some’ person to accept the document as genuine. This means the intent is about the act of deception itself, rather than targeting a particular victim.

Penalties and Sentencing for Using a False Document in NSW

Maximum Penalties and Court Discretion

In NSW, using a false document is considered a serious offence under section 254 of the Crimes Act 1900 (NSW). This offence carries a maximum penalty of 10 years imprisonment. It is important to note that this is the most severe penalty, and courts have discretion when determining the actual sentence.

When a court decides on the appropriate penalty, they consider various factors relevant to the circumstances of each case. These factors can include:

• Whether the accused person pleaded guilty or was found guilty after a trial
• The person’s prior criminal history, or lack thereof
• Demonstrated remorse, which can be shown through character references or a letter of apology
• The likelihood of reoffending, which can be indicated by participation in rehabilitation programs
• The seriousness of the specific conduct involved in the offence

Types of Penalties Available in NSW Courts

NSW courts can impose a range of penalties for the offence of using a false document. These penalties offer different ways for the court to address the offence, ranging from imprisonment to non-conviction orders. The penalties available include:

• Prison Sentence: This is the most serious penalty, involving full-time imprisonment in a correctional facility.
• Home Detention: While repealed as a standalone order on 24 September 2018, home detention may be a condition of an Intensive Corrections Order (ICO). It involves serving a prison sentence at home under strict supervision and electronic monitoring.
• Intensive Corrections Order (ICO): This penalty has replaced periodic detention and home detention as standalone orders. An ICO requires compliance with various conditions, such as community service, counselling, curfews, and abstaining from alcohol.
• Suspended Sentence: This penalty, repealed on 24 September 2018, involved a jail sentence suspended upon entering a good behaviour bond. If the bond conditions were met, the jail sentence was not enforced. Suspended sentences were limited to imprisonment terms of up to two years.
• Community Corrections Orders (CCO): A CCO includes standard conditions such as not committing further offences and appearing in court if required. Additional conditions may be imposed by the court.
• Fine: A monetary penalty. Magistrates or judges consider the offender’s financial situation when determining the fine amount.
• Conditional Release Order (CRO): A CRO includes standard conditions of not committing offences and appearing before the court if required.
• Section 10: This order allows the court to dismiss the charge without recording a conviction and without imposing any other penalty, meaning no criminal record is obtained.

Defences to Using a False Document Charges

Common Defences

When a person is accused of using a false document, several defences may be available to them. These defences aim to challenge the prosecution’s case and can result in the charges being dropped or dismissed. It is important to understand these defences, as they can be crucial in the outcome of a case.

Some common defences to charges of using a false document include:

• The document was not false: A primary defence is to demonstrate that the document in question was not actually a false document. If the document is proven to be genuine, then one of the essential elements of the offence is not met, and the accused cannot be found guilty.

• Lack of knowledge: Another defence is to argue that the accused person was unaware that the document they used was false. For a person to be guilty of this offence, it must be proven beyond reasonable doubt that they knew the document was false when they used it. If this knowledge cannot be established, it can serve as a valid defence.

• No intention to induce acceptance for specific purposes: To be found guilty, the prosecution must prove that the accused intended to induce another person to accept the false document as genuine for a specific purpose. These purposes are obtaining property, gaining a financial advantage, causing a financial disadvantage, or influencing a public duty. If it can be shown that the accused did not have these intentions when using the document, this can serve as a defence.

Conclusion

Using a false document in New South Wales is a criminal offence under the Crimes Act 1900 (NSW), carrying significant penalties, including imprisonment for up to 10 years. This offence is committed when someone uses a document they know to be false, intending to induce another person to accept it as genuine, to obtain property, gain a financial advantage, or influence public duty. The prosecution must prove beyond reasonable doubt that the accused used a false document, knew it was false, intended to induce acceptance, and had a specific consequential intention.

Given the serious nature of this offence and the potential for severe penalties, it is crucial to seek expert legal advice if you are accused of using a false document. Contacting Daoud Legal will ensure you receive professional guidance to understand your rights and the best course of action to defend against such charges.

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