Have you been charged with Falsification of Documents?
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Good Faith, Use of Position and Use of Information as Criminal Offence
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Financial Assistance by a Company for Acquiring Shares in the Company or a Holding Company
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Failing to Keep Proper Records
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Failing to Keep Additional Records for Taxation
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Inclusion of False or Misleading Information in Records
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Failing to Provide Access to Records
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Form of Record
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Giving False or Misleading Information to Tax Officers
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Deliberately Omitting Information
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Falsifying or Concealing Identity
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Tax Evasion
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Contaminating Goods with Intent to Cause, or Being Reckless as to Whether it would Cause, Public Alarm or Economic Loss
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Destruction of Evidence
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Corporate Criminal Responsibility, section 255
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False Accounting
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Falsification of Documents
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Suppression of Documents
What does it mean to be charged with Falsification of Documents?
Being charged with falsification of documents under Section 83A of the Crimes Act 1985 (“CA”) means that a person is accused of creating or using false documents with the intent to deceive others into believing those documents are genuine. This can involve various actions such as making a false document, using a false document, or altering existing documents to mislead another person. The primary objective behind such actions is to induce someone to act (or refrain from acting) in a way that could harm them or benefit the accused.
What does Falsification mean?
According to Section 83A of the legislation:
- Creating a false document intending for it to be accepted as genuine, leading another person to act to their prejudice.
- Using a document known to be false to induce another person to act based on the falsehood.
- Making a copy of a false document with the intention of inducing acceptance as genuine.
- Using a copy of a false document while knowing it is false.
- Having custody or control a false document intending for it to be used to mislead others.
- Making or possessing machines or materials designed for producing false documents with intent to commit offences.
- A document is considered false if it misrepresents the identity of its maker, contains unauthorised alterations, or is made under misleading circumstances.
What must the prosecution prove?
1. You:
a. created a document that was false
b. used a document that was false
c. made a copy of a document which you knew was false
d. used a copy of a document that was false
2. with the intention to use it to induce another person to believe that it was genuine; and
3. to the others person’s prejudice.
Penalties for Falsification of Documents:
- Level 5 Imprisonment: Up to 10 years maximum for offences involving:
- Making, using, or copying false documents.
- Having custody of false documents with intent to deceive.
- Manufacturing materials designed for creating false documents.
- Level 6 Imprisonment: Up to 5 years maximum for making or possessing materials designed for creating false documents without lawful excuse.
Where will my case be heard?
Falsification of Documents cases will be heard in the Magistrates’ Court of Victoria.
Factors and Defences to consider:
- Did you act with the intention to deceive?
- Were you aware the document was false?
- What was the type of document involved?
- Did the victim suffer any prejudice or loss as a result of the falsification?
- What were the surrounding circumstances in regard to your offence?
- Do you have any previous convictions of a similar nature?
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Thanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..👏👏👏🎖🎖🎖🎖🎖🎖Fi... Read More5/5
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Good Faith, Use of Position and Use of Information as Criminal Offence
-
Financial Assistance by a Company for Acquiring Shares in the Company or a Holding Company
-
Officer of a Company That Has Induced Frauds
-
Failing to Keep Proper Records
-
Failing to Keep Additional Records for Taxation
-
Inclusion of False or Misleading Information in Records
-
Failing to Provide Access to Records
-
Form of Record
-
Giving False or Misleading Information to Tax Officers
-
Deliberately Omitting Information
-
Falsifying or Concealing Identity
-
Tax Evasion
-
Contaminating Goods with Intent to Cause, or Being Reckless as to Whether it would Cause, Public Alarm or Economic Loss
-
Destruction of Evidence
-
Corporate Criminal Responsibility, section 255
-
False Accounting
-
Falsification of Documents
-
Suppression of Documents
What happens next?
If you’ve been charged with falsification of documents, the first crucial step is to reach out to MK Law for immediate legal advice. Your lawyer will guide you through the complexities of your case, helping you to understand the charges against you and the potential consequences. They will review all relevant evidence, including any documentation or communications related to the allegation, and work with you to formulate a strong defence strategy tailored to your specific circumstances.
It is essential to attend all court appearances as these are critical to your case. Your lawyer will advise you on how to prepare for these hearings and what to expect during the process. They will also assist you in exploring various possible defences, negotiating potential settlements, or preparing for trial if necessary. Early legal representation is vital, as it equips you with the knowledge and support needed to navigate the legal system effectively, increasing your chances of achieving the best possible outcome.
Moreover, maintaining open lines of communication with your lawyer throughout this process is important. They will keep you informed of any developments in your case and advise you on the best course of action at each stage. If you need expert advice, don’t hesitate to call 1800 130 120 for confidential assistance tailored to your situation.
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- marcus@mklawfirm.com.au