Law Information - Fraud Offences - TAS

Forgery

Date: 09/01/2009

The Law -

Criminal Code Act 1924 – SECT 278

278. Forgery

Any person who forges any document, seal, or die, with intent to defraud, is guilty of a crime.

Charge: Forgery.

What the prosecution must prove - Forgery

(a) The accused forged any document, seal or die 

(b) The accused intended to defraud

(c) the accused is correctly identified as the offender

The Maximum Penalty for Forgery is

The maximum term of imprisonment is 21 years, or fine, or by both such punishments, and will be determined by the judge as he/she thinks fit in the circumstances of each particular case.

If the crime is tried summarily the maximum term of imprisonment that a court of petty sessions may impose is –

(a) 12 months for a first offence; or

(b) 5 years for a second or subsequent offence

Possible Defences - Forgery

(a) Duress

(b) Factual dispute

(c) Identification dispute (accused did not defraud)

(d) Lack of intent

(e) Mental impairment

(f) Necessity

The Court process - Forgery

Magistrates Court or Supreme Court depending upon whether summary jurisdiction is elected