Written by: Braden Milburn
Forgery and uttering are serious criminal offences in Queensland, but many people don’t realise there’s a legal distinction between the two. Forgery is creating or altering a document with the intent to deceive. Uttering is presenting that document while knowing it’s fake.
Both actions are treated as offences under Queensland’s Criminal Code Act 1995, and the consequences can be severe.
Forgery and uttering serve similarities to the offence of ‘Fraud’. Fraud is generally defined as a deceptive act by one person, for their own benefit, or to someone else’s detriment.
Keep reading to learn more about the differences between forgery and uttering.
What Is Forgery Under Queensland Law?
Forgery is defined as making a false document with the intent to present it or rely upon it as being genuine.
There are a wide range of documents that could be forged, including:
- Legal documents (e.g., contracts, wills)
- Financial documents (e.g., cheques, bank statements)
- Identification documents (e.g., driver’s licences, passports)
How Forgery is Proved
The key elements of proof for forgery include:
- Making a false document;
- Having an intent to defraud or deceive; and
- Knowing, or ought to know, that the document is not genuine.
The act of forgery itself does not require the document to actually be used. Simply making it with the intent to use it is sufficient to commit the offence.
What Is Uttering Under Queensland Law?
Uttering involves knowingly using or passing along a forged document as if it were genuine.
This could include:
- Presenting a fake ID to gain entry to a nightclub
- Submitting a falsified academic transcript or resume when applying for a job
- Using a forged cheque or bank document to obtain money
How Uttering is Proved
The elements of proof for uttering are:
- The document is forged/fake;
- The person knows it is forged/fake; and
- The person uses or attempts to use it as if it were genuine.
Is it Forgery if I Have Permission to Sign on Their Behalf?
In some situations, the law allows someone to sign a document for someone else. That might include cases where they have an Enduring Power of Attorney or they’ve been authorised by a company director to sign on the company’s behalf.
It’s important that whoever signs the document is either the person themselves or someone they’ve legally authorised to sign on their behalf.
Even If You Have Permission, Check Before Signing
For example, when two parties jointly own a property being listed for sale, both individuals are required to sign the contract of sale.
If the contract is being executed electronically, such as via DocuSign, and the parties are using a shared email address, it’s still their responsibility to ensure each person signs the document.
If one individual signs on behalf of the other without proper authority, this is forgery, which is a criminal offence under Queensland law.
Possible Defences For Forgery & Uttering
There are some defences that may apply in relation to an offence of forgery and/or uttering, which could include:
- You did not intend to deceive or defraud.
- You genuinely believed the document was real.
- The act was done under threat or coercion
- You were unaware that the document was forged.
If you’re facing charges of forgery or uttering in Queensland, seek legal advice from a criminal defence solicitor experienced in dealing with fraud-related matters. Early legal intervention can significantly affect the outcome of your case.
Disclaimer:
The information contained in this article is for general informational purposes only and is not intended to provide legal advice or substitute for the advice of a professional. This information does not consider your personal circumstances and may not reflect the most current legal developments. Should you need advice, please contact our firm for targeted information relating to personal your situation.
