Tyronne Thomas appeared instructing Counsel before the Brisbane District Court in October 2022 in relation to a trial for a client charged with 8 counts of “uttering counterfeit money.”
It was alleged that his client had used counterfeit Australian currency to purchase items on various occasions in June 2020. The total amount of counterfeit money that was alleged to have been used was around $5,000.
The Law
Section 7 of the Crimes (Currency) Act 1981 (Cth) sets out the offence for uttering counterfeit money. In essence, a person shall not utter counterfeit money, knowing it to be counterfeit money. The maximum penalty is 12 years imprisonment.
Therefore, the Prosecution must prove beyond reasonable doubt that the client:
- Uttered an article (in this case currency); and
- Had knowledge that the money was counterfeit when he uttered it.
The main issue of the trial was whether our client knew that the money being used by him was counterfeit.
Outcome
The trial proceeded over 4 days, with the jury finding Tyronne’s client not guilty of all 8 counts on the indictment. Cross-examination of a number of witnesses who were retail workers confirmed that they themselves were unaware the money was counterfeit when it was first given to them. The jury was not satisfied beyond reasonable doubt that our client knew the money was counterfeit when using it.
This is a great outcome for our client as, if the jury found him guilty, he would have received a period of actual imprisonment. Get in touch with us now if you have been charged with a crime by contacting us through our website.
The blog published by Rostron Carlyle Rojas Lawyers is intended as general information only and is not legal advice on any subject matter. By viewing the blog posts, the reader understands there is no solicitor-client relationship between the reader and the author. The blog should not be used as a substitute for legal advice from a legal practitioner, and readers are urged to consult RCR on any legal queries concerning a specific situation.
