Fraud
7. Falsification of Documents
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 24 Jul 2015
- This offence applies to conduct where a person:
- makes or uses a false document; or
- makes or uses a copy of a false document.
- In the past it was known as ‘forgery’ and is still called that in some states and territories.
- This Guide looks at the laws which apply in Victoria. The laws in other states and territories may be similar but only an experienced lawyer can tell you how the laws where you live apply in your situation. Use our free Find a Lawyer directory to look for a solicitor near you.
- To prove this offence the prosecution has to prove the following:
- that the accused person made or used a false document;
- the accused person knew it was false;
- the accused intended that someone else would accept the document was genuine; and
- if the document was accepted as genuine that would result in prejudice or harm to another person.
- Unlike other fraud offences of obtaining property or a financial advantage by deception it is not necessary for the accused person to achieve their intended purpose. The substance of the offence lies in the intention of the accused person rather than the consequence of their actions.
- A person makes a document if they are ultimately responsible for it coming into existence. This includes altering an existing document.
- A person uses a document when they deploy or utilize the document.
- A person copies a document by making an exact replica such as photocopying a document.
- What constitutes a document is defined broadly. It includes:
- books;
- maps;
- plans;
- graphs;
- drawings;
- photographs;
- labels or markings which are intended to identify an object;
- a disc or tape that contains sounds such as a compact disc or cassette tape;
- a film or negative containing visual images; and
- anything that contains the following:
- words;
- figures;
- letters; or
- symbols.
- Examples of what can constitute a document include:
- a painter’s signature on a painting; and
- data in a computer system.
- The prosecution must also prove that the document was false. This is different from a document that contains false information.
- A document is false if it pretends to be something that it is not. The following are examples of false documents:
- a letter that pretends to be from one person when it is in fact from another person;
- a loan document which says it was made on a date on which it was not actually made; and
- an invoice or receipt issued by an employee of a company who was not authorised to do so.
- The accused person must know that the document is false. Where the offence involves the accused making or using a copy of a document the prosecution must prove that the accused knew that the original document was false.
- The accused must intend that someone be induced (persuaded) to accept the document as genuine. This includes situations where:
- the accused intended to cause a machine to respond to a false document such as using a false credit card or ATM card; or
- the accused planned to communicate the false document by fax knowing the recipient would never actually see the accused’s version of the document.
- The accused must also intend that acceptance of the document as genuine will result in prejudice to a person.
- Prejudice means an act or omission (failure to act) which can or does result in:
- a temporary or permanent loss of property or money;
- a person being deprived of
- an opportunity to earn money; or
- an entitlement to a payment; or
- a person being deprived of an opportunity to obtain another type of financial advantage.
- Unlike other fraud offences making or using a false document the prosecution does not need to prove a dishonest intent.
- False accounting is a separate offence. It applies to a situation where an accused person dishonestly conceals or falsifies accounting records for personal gain or with the intent to cause loss to someone else.
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