Inventing a false statement to the police about who was the offender in any specific crime either for revenge, out of anger, to gain a tactical advantage in family court proceedings or in the heat of the moment is an offence.
Section 314 of the Crimes Act 1900 (NSW) states:
“A person who makes an accusation intending a person to be the subject of an investigation of an offence, knowing that other person to be innocent of the offence, is liable to imprisonment for 7 years”.
Make false accusation can be punished up to 2 years of imprisonment (if heard in the Local Court) or up to 7 years (if heard in the District Court).
Please note these penalties are reserved for the worst kind of offending and are unlikely to be what you would receive.
In NSW, a court can impose any of the following penalties for a Make false accusations charge of:
An Intensive Correction Order (ICO);
A Community Correction Order (CCO);
A Conditional Release Order (CRO).
Making false accusations is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must be able to prove beyond a reasonable doubt that:
Rep-Revive Criminal & Employment Lawyers® have successfully defended several Make false accusations charges where the prosecution could not establish every element of the charge or in many cases had the charges thrown out.
Some of the possible defences available for those charged with Make false accusations include:
For Making a False Accusation, Rep-Revive Criminal & Employment Lawyers® offers the following options:
For further information on your choices at law click on (CHOICES AT LAW tab on our website)
There are several reasons to engage Rep-Revive Criminal & Employment Lawyers®:
At Rep-Revive Criminal & Employment Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner.
Rep-Revive Criminal & Employment Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.
Rep-Revive Criminal & Employment Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court.
Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal & Employment Lawyers® who have been in the provision of legal service for over 21 years.
If you are charged with an offence, our team at Rep-Revive Criminal & Employment Lawyers® are best suited for representing your case.