A carbon copy of a false document, created simultaneously with the false original as part of a single plan, is itself a false instrument under s 300(1) of the Crimes Act 1900 (NSW) and need not be charged under s 301. The person who directs the creation of a false instrument is its 'maker' regardless of who physically produces it. Where the Crown fails to seek leave under s 108(3) of the Evidence Act 1995 to adduce a prior consistent statement, but the foundation for admission is laid and leave would inevitably have been granted, no miscarriage of justice is occasioned.
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