The offence of make false document relates to a person either creating a new forged document or forging details on an existing document with the intention to use it to obtain a financial advantage.
This is one of three new forgery offences that came into force on 22 February 2010. This new section is an effective reiteration of the repealed make false instrument offence (section 300(1)).
Maximum penalty for Make false document
The maximum penalty for making a false document has increased to 10 years imprisonment.
What the police must prove in a make false document charge
The accused made a false document; With the intention to use the false document; To induce a person to accept it as genuine; Because it is accepted as genuine ; Either (a) to obtain property belonging to another (b) to obtain any financial advantage or cause any financial disadvantage (c) to influence the exercise of a public duty. Relevant definitions for make false document offences
"Obtain" a financial advantage includes: obtain a financial advantage for oneself or for another person, and induce a third person to do something that results in oneself or another person obtaining a financial advantage, and keep a financial advantage that one has, whether the financial advantage is permanent or temporary.
"Cause" a financial disadvantage means:
cause a financial disadvantage to another person, or induce a third person to do something that results in another person suffering a financial disadvantage, whether the financial disadvantage is permanent or temporary.
