Frequently asked questions in relation to Dishonest Offence Lawyers
What Is The Charge of Dishonest Dealings with Documents?
If you intentionally falsify a document and/or use a false document to deceive another then you may be guilty of an offence [Criminal Law Consolidation Act 1935 (SA) s 140].
Common examples of this include
- Doctoring bank statements or mortgage documents,
- Falsifying medical prescriptions,
- Statutory declarations (this is also an offence under the Oaths Act 1936 (SA) and is, therefore, a person can be charged under that act instead).
What are the penalties for dishonest dealings with documents?
- For a basic offence: 10 years imprisonment
- For an aggravated offence: 15 years imprisonment
Whether the offence is aggravated depends on whether the offence occurred under certain aggravating circumstances. These are listed in s 5AA in Criminal Law Consolidation Act 1935 (SA). They include (but are not limited to) factors such as whether to offence was committed:
- Against a victim under the age of 12 or over the age of 60
- Against a victim who had a particular relationship with the offender (e.g., a child, spouse or domestic partner)
- In association with a criminal organisation
- Whilst the offender was in a position of authority or trust
- Against a victim who was in a position of vulnerability because of physical disability or cognitive impairment.
What Are The Possible Defences For Dishonest Dealings with Documents?
- Under duress
- Factual dispute
- Had a lack of intention
- Identification dispute
- Suffer from a mental impairment