Have you been charged with Falsification of Documents?
If so, there are a number of questions you will need to consider with an experienced criminal lawyer. Did you make or knowingly use a false document? Or a copy of a document? Did you intend to deceive another person that it was genuine? Would that have been to that person’s detriment?
Section 83A of the Crimes Act 1958 is extensive and complex. It contains numerous offences that may result from a particular course of conduct. To understand the charges being leveled against you, consult a specialist criminal lawyer.
Please read below for more information in relation to this charge.
Elements of the offence
Section 83A of the Crimes Act 1958.
The prosecution must prove:
- The defendant:
- Made a false document; or
- Used a document which they knew was false;
- Made a copy of a document which they knew was false; or
- Used a copy of a document which they knew was false;
- with the intention to use it to induce another person to believe that it was genuine; and
- to the other person’s prejudice.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Falsification of Documents cases will usually be heard in the Magistrates’ Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Arrange a time to see an experienced criminal lawyer urgently.
Preparation is critical to achieving a favourable outcome in relation to any matter. Don’t leave it to the last minute.
If you have been charged with Falsification of Documents make an appointment to see one of our experienced lawyers today.
The legislation
Section 83A Falsification of documents
(1) A person must not make a false document with the intention that he or she, or another person, shall use it to induce another person to accept it as genuine, and by reason of so accepting it to do or not to do some act to that other person’s, or to another person’s prejudice.
Penalty: Level 5 imprisonment (10 years maximum).
(2) A person must not use a document which is, and which he or she knows to be, false, with the intention of inducing another person to accept it as genuine, and by reason of so accepting it to do or not to do some act to that other person’s, or to another person’s prejudice.
Penalty: Level 5 imprisonment (10 years maximum).
(3) A person must not make a copy of a document which is, and which he or she knows to be, a false document, with the intention that he or she, or another person, shall use it to induce another person to accept it as a copy of a genuine document and by reason of so accepting it to do or not to do some act to that other person’s, or to another person’s prejudice.
Penalty: Level 5 imprisonment (10 years maximum).
(4) A person must not use a copy of a document which is, and which he or she knows to be, a false document, with the intention of inducing another person to accept it as a copy of a genuine document and by reason of so accepting it to do or not to do some act to that other person’s, or to another person’s prejudice.
Penalty: Level 5 imprisonment (10 years maximum).
(5) A person must not have in his or her custody, or under his or her control, a document which is, and which he or she knows to be, false, with the intention that the person or another shall use it to induce another person to accept it as genuine, and by reason of so accepting it to do or not to do some act to that other person’s, or to another person’s, prejudice.
Penalty: Level 5 imprisonment (10 years maximum)
(5A) A person must not, with the intention that he or she may commit an offence against subsection (1), make, or have in his or her custody, or under his or her control, a machine or implement, or paper or other material, which is, and which he or she knows to be, specially designed or adapted for the making of a document which, if made by him or her, would be false.
Penalty: Level 5 imprisonment (10 years maximum).
(5B) A person must not, with the intention that another person may commit an offence against subsection (1), make, or have in his or her custody, or under his or her control, a machine or implement, or paper or other material, which is, and which he or she knows to be, specially designed or adapted for the making of a document which, if made by that other person, would be false.
Penalty: Level 5 imprisonment (10 years maximum).
(5C) A person must not, without lawful excuse, make or have in his or her custody, or under his or her control, a machine or implement, or paper or other material, which is and which the person knows to be specially designed or adapted for the making of a document which, if made by him or her, would be false.
Penalty: Level 6 imprisonment (5 years maximum).
(6) For the purpose of this section, a document is false if it purports—
(a) to have been made in the form in which it is made by a person who did not in fact make it in that form; or
(b) to have been made in the form in which it is made on the authority of a person who did not in fact authorise its making in that form; or
(c) to have been made in the terms in which it is made by a person who did not in fact make it in those terms; or
(d) to have been made in the terms in which it is made on the authority of a person who did not in fact authorise its making in those terms; or
(e) to have been altered in any respect by a person who did not in fact alter it in that respect; or
(f) to have been altered in any respect on the authority of a person who did not in fact authorise the alteration in that respect; or
(g) to have been made or altered on a date on which, or at a place at which, or otherwise in circumstances in which, it was not in fact made or altered; or
(h) to have been made or altered by an existing person who did not in fact exist.
(7) For the purposes of this section, a person is to be treated as making a false document if the person alters a document so as to make it false in any respect (whether or not it is false in some other respect apart from that alteration).
(8) For the purposes of this section, an act or omission is to a person’s prejudice if, and only if, it is one that, if it occurs—
(a) will result—
(i) in the person’s temporary or permanent loss of property; or
(ii) in the person’s being deprived of an opportunity to earn remuneration or greater remuneration; or
(iii) in the person’s being deprived of an opportunity to obtain a financial advantage otherwise than by way of remuneration; or
(b) will result in any person being given an opportunity—
(i) to earn remuneration or greater remuneration from the first-mentioned person; or
(ii) to obtain a financial advantage from the first-mentioned person otherwise than by way of remuneration; or
(c) will be the result of the person’s having accepted a false document as genuine, or a copy of a false document as a copy of a genuine one, in connection with the person’s performance of a duty.
(9) In this section—
(a) a reference to inducing a person to accept a false document as genuine, or a copy of a false document as a copy of a genuine document, shall be read as including a reference to causing a machine to respond to the document or copy as if it were a genuine document or a copy of a genuine document, as the case may be; and
(b) if—
(i) a machine so responds to a document or copy; and
(ii) the act or omission intended to be caused by the machine’s so responding is an act or omission that, if it were an act or omission of a person, would be to a person’s prejudice within the meaning of subsection (1)—
the act or omission intended to be caused by the machine’s so responding shall be deemed to be an act or omission to a person’s prejudice.
(10) In proceedings for an offence against this section, if it is necessary to allege an intent to induce a person to accept a false document as genuine, or a copy of a false document as a copy of a genuine one, it is not necessary to allege that the accused intended so to induce a particular person.
