Charged with forgery or a false-document offence?
Forgery and false-document charges can involve contracts, licences, identification documents, invoices, business records, electronic documents and other material said to have been made, used or possessed as genuine when it was false. ED Legal provides advice and representation for these offences across Sydney and NSW.
The prosecution case often depends on the document itself, who created or controlled it, what the accused knew, and the purpose for which police say it was intended to be used.
How we can help you
We can review the alleged false document, metadata, account records, devices, communications and witness statements and explain the particular offence police allege.
We can advise before a police interview, assess authorship and knowledge issues, make representations where appropriate, prepare a defended case and represent you at sentence if the charge is admitted or proved.
Understanding NSW forgery offences
Division 2 and Division 3 of Part 5 of the Crimes Act 1900 (NSW) contain forgery and related false-document offences. The exact section charged matters because the conduct alleged may involve making, using, possessing or creating equipment for false documents.
Forgery — making a false document
Section 253 makes it an offence to make a false document with the intention that it be used to induce someone to accept it as genuine and, because of that acceptance, to obtain property or financial advantage, cause financial disadvantage, or influence the exercise of a public duty. The maximum penalty is 10 years imprisonment.
Using a false document
Section 254 applies where a person uses a false document knowing it is false with the required intention that another person accept it as genuine for one of the statutory purposes. The maximum penalty is 10 years imprisonment.
Possession and equipment offences
Section 255 concerns possession of a false document, knowing it is false, with the intention that it be used for the statutory purpose. Section 256 concerns equipment, material or other things designed or adapted for making false documents with the required knowledge and intention. Each carries a maximum penalty of 10 years imprisonment.
Before a police interview or court date
If police want to interview you about a document, account or device, obtain legal advice before deciding whether to participate. Explanations about authorship, alterations, knowledge and intended use can become important evidence.
Preserve original files, emails, document versions, account records and devices. Do not edit, recreate or delete material after police contact. Keep any search warrant, property receipt, Court Attendance Notice and bail papers.
Defending a forgery or false-document charge
A defence may involve disputing whether the document was legally false, whether the accused made, used or possessed it, whether the accused knew it was false, or whether the prosecution can prove the required intention.
Electronic records can raise issues about authorship, access and alteration. Metadata, login history, device access and complete communication threads may provide context that is not apparent from the document alone.
Forgery charges can overlap with fraud and identity offences, but each charge has separate elements and should be analysed individually.
Preparing to speak with a lawyer
Tell us the exact charge, the document or device involved, the court and next date, and whether police seized any electronic equipment. Preserve the original records and any material showing how the document was created, received or used.
Bring any document, device, account records, police paperwork and communications relevant to the allegation. These materials can help identify what the prosecution says is false, who created or used it, and what evidence bears on knowledge and intention.Contact ED Legal for a free initial consultation.
Sources
Forgery — making a false document: NSW legislation: Crimes Act 1900, section 253
Using a false document: NSW legislation: Crimes Act 1900, section 254
Possession of false documents and equipment: NSW legislation: Crimes Act 1900, sections 255-256
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
