Dishonest Dealings with Documents
A conviction for dishonest dealings with documents will result in a criminal record. This can have long-term impacts, including difficulties in finding employment, obtaining certain licenses, or travelling overseas.
Dishonest Dealings with Documents Charges?
Intentionally falsifying a document or using a false document to deceive another person is a criminal offence under section 140(4) of the Criminal Law Consolidation Act 1935 (SA) and attracts significant terms of imprisonment.
Our fraud and deception lawyers in Adelaide are experts in defending dishonest dealings with documents and forgery charges with a proven track record of securing charge withdrawals, acquittals and without conviction outcomes.
Book a same-day free 30-minute consultation or call (08) 7094 2021 now to speak with a senior fraud lawyer today.
What is Dishonest Dealing with Documents?
This offence involves engaging in dishonest conduct with false documents with the intention to deceive others or exploit their ignorance about the true state of affairs. Dishonest dealings with documents is committed in several ways:
- Creating a false document;
- Falsifying a document;
- Possessing a false document;
- Producing or using a false document, or destroying, concealing, or suppressing a document.
Whether it involves forging a contract, altering a will, or falsifying business records, dishonesty offences often carry a stigma that not only impacts future employment, travel opportunities, professional standing but also career opportunities. They may also result in significant terms of imprisonment.
Aggravated Dishonest Dealings with Documents
Aggravated dishonest dealings with documents is a more serious form of the offence of dishonest dealings with documents. You can be charged with an aggravated offence where the circumstances in section 5AA of the Criminal Law Consolidation Act 1935 (SA) apply.
These circumstances can include, but are not limited to, the involvement of a large sum of money (over $30,000), the use of sophisticated methods or technology, the involvement of multiple victims, or the offender being in a position of trust or authority.
If you are charged with aggravated dishonest dealings with documents, it is crucial to get advice as soon as possible to preserve your diminishing sentencing discount and to promptly determine whether the correct charge was laid. Book a free 30 minute consultation with today to achieve the best outcome.
Elements of the Dishonest Dealings with Documents
The prosecution must prove several elements beyond a reasonable doubt to secure a conviction for dishonest dealings with documents:
- Dealing with a Document – The accused must have dealt with a document in some way. This could include creating, possessing, using, or altering a document.
- False Document – The document in question must be false. This could mean that the document is entirely fabricated, or that it contains false information.
- Dishonesty – The accused must have acted dishonestly. This is determined according to the standards of ordinary people, and the accused must have known that they were acting dishonestly.
- Intent to Deceive – The accused must have intended to deceive another person, exploit their ignorance, or manipulate a machine.
- Benefit or Detriment – The accused must have intended to benefit themselves or another person, or to cause a detriment to another person.
- Aggravating Circumstances* – The prosecution must also prove the presence of certain circumstances that make the offence more serious, such as the involvement of a large sum of money, the use of sophisticated methods or technology, the involvement of multiple victims, or the offender being in a position of trust or authority.
These elements must be proven beyond a reasonable doubt for a conviction of serious criminal trespass. If the prosecution cannot prove each of these elements, the defendant must be acquitted.
Penalty for Dishonest Dealings with Documents
| Offence | Imprisonment |
|---|---|
| Basic Offence | 10 Years |
| Aggravated Offence | 15 Years |
The actual penalty imposed will depend on the circumstances of the case, including the nature of the dishonest conduct, the value of any property involved, and the offender’s criminal history.
Defences to Dishonest Dealings with Documents
- Factual Dispute: This defence arises when the accused disputes the facts alleged by the prosecution. For example, the accused may argue that they did not deal with the document in question, or that the document was not false.
- Lack of Intention: The prosecution must prove that the accused intended to deceive another person, exploit their ignorance, or manipulate a machine. If the accused can show that they lacked this intent, it may serve as a defence. For example, in the case of Ross v Perpetual Trustees Victoria Ltd & Ors, the accused claimed that they did not intend to deceive any party and admitted that their business practice was poor, which could potentially be used as a defence.
- Identification Disputes: This defence arises when the accused disputes that they were the person who dealt dishonestly with the document. For example, if another person used the accused’s identity to commit the offence, the accused could raise this as a defence.
- Duress: Duress involves a situation where the accused was forced or coerced into committing the offence. If the accused can prove that they dealt dishonestly with the document because they were under duress, it may serve as a defence.
- Mental Impairment: If the accused can prove that they were suffering from a mental impairment at the time of the offence, and that this impairment affected their ability to understand what they were doing or that their actions were wrong, it may serve as a defence.
- Lawful Excuse: If the accused can show that they had a lawful excuse for their conduct, it may serve as a defence. For example, if the accused was a police officer or a public official and they dealt with the document in the course of their duties, they may have a lawful excuse.
Frequently Asked Questions
What is considered a 'document' for dishonest dealing with a document?
A document can include any record of information, including written or printed material, maps, plans, drawings, photographs, and digital or electronic files.
What does 'dishonestly' mean in relation to this offence?
‘Dishonestly’ refers to conduct that is dishonest according to the standards of ordinary people, and the accused must have known that their conduct was dishonest.
Can I be charged with this offence if I didn't know the document was false?
Knowledge that the document is false is a key element of the offence. If you did not know the document was false, this may be a defence to the charge.
What should I do if I'm charged with this offence?
If you are charged with dishonest dealings with documents, it is crucial to seek legal advice as soon as possible. A lawyer can help you understand the charges against you, advise you on possible defences, and represent you in court.
Can I get a lighter sentence if I plead guilty?
A guilty plea can sometimes result in a lighter sentence, particularly if you plead guilty at an early stage, show remorse, and cooperate with the authorities. However, you should always seek legal advice before deciding to plead guilty.
Read our recent case studies where despite entering a guilty plea, our client was not convicted of deception, including in aggravating circumstances:
What happens if I'm found guilty but I don't have a criminal record?
If you’re found guilty but don’t have a criminal record, the court may consider alternative sentencing options such as a good behaviour bond or a suspended sentence. However, this will depend on the specific circumstances of your case.
What is the difference between 'dishonest dealings with documents and deception?
While both offences involve dishonest conduct, dishonest dealings with documents specifically relates to the creation, falsification, possession, production, use, destruction, concealment, or suppression of a document. Deception or fraud, on the other hand, is a broader term that can involve a range of dishonest conduct intended to gain a financial advantage or cause a financial disadvantage.
Can I be charged with this offence if I didn't actually gain any benefit or cause any detriment?
Yes, you can be charged with this offence if you intended to gain a benefit or cause a detriment, even if you did not actually achieve this outcome.
How Talon Legal Can Help
We are experts in complex financial or document related crimes and have a proven track record of consistently securing charge withdrawals and non-conviction orders.
Talon Legal is committed to providing tailored defence strategies for individuals facing charges of dishonestly dealing with documents in South Australia. We offer:
- Expertise in South Australian criminal law and court procedures.
- Comprehensive legal advice on available defences.
- Skilled negotiation and advocacy to seek a reduction in penalties where possible.
- Personalised support, ensuring you fully understand each stage of the legal process.
By combining meticulous research with a practical, client-focused approach, we ensure your voice is heard and your rights are protected at every step.
Whether we negotiate with the prosecution for a more favourable outcome or prepare a compelling defence for court, our goal remains the same – to secure the best possible result for you and your family.
Speak with an experienced fraud lawyer
Contact Talon Legal today to discuss your case for free and without obligation:
- Call now (08) 7094 2021 or book your free case review online.
- Understand non-conviction outcomes: Section 24 Sentencing Act guide.
- Learn more about fraud and deception law in SA: Deception and Fraud Offences hub.
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