Using a False Instrument (NSW)

Section 300 of the NSW Crimes Act states that a person who uses an instrument which is false and which the person knows to be false, with the intention of inducing another person to accept the instrument as genuine, and therefore, do or not do some act to that other person/s, or to another person/s, prejudice, is liable to imprisonment for 10 years.

What court is likely to hear the matter?

Where the value of the property exceeds $5000, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Where the value of the property does not exceed $5000, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

What must be proven?

In order for the police to prove their case at court, they must prove each of the following matters beyond a reasonable doubt.

• The accused used a false instrument.
• The accused knew it was false.
• It was used with the intention that another person, would:

(a) to accept the instrument as genuine, and
(b) because of that acceptance, to do or not do some act to that other person’s, or to another person’s, prejudice.

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