Making False Accusations

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.

 

THE LAW

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”.

 

MAXIMUM PENALTY

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:

Full-time Imprisonment;

An Intensive Correction Order (ICO);

A Community Correction Order (CCO);

A Conditional Release Order (CRO).

 

THE FACTS THAT MUST BE PROVEN

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:

• That you made an accusation; and
• You intended the victim to be the subject of an investigation for an offence; and
• You knew that the victim was innocent of that offence; and
• No defences at law are applicable to you.

Rep-Revive Criminal 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.

 

DEFENCES

Some of the possible defences available for those charged with Make false accusations include:

• that you had no intention of making someone the subject of an investigation (even if you knew the accusation wasn’t true);
• that you believed the accusation you made to was true;
• that you didn’t in fact make the accusation that alleged;
• If you were forced to act in a certain way due to the given circumstances, or certain threats of another you may be able to argue “Duress”;
• If your actions were necessary to prevent a greater harm from occurring, you may have the defence of “Necessity”.

 

CHOICES AT LAW OPTIONS

For Making a False Accusation, Rep-Revive Criminal Lawyers® offers the following options:

1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
2. At the hearing/trial, Rep-Revive Criminal Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
3. Alternatively, Rep-Revive Criminal Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
4. Lastly, Rep-Revive Criminal Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL LAWYERS®

There are several reasons to engage Rep-Revive Criminal Lawyers®:

•  We are always in your corner

At Rep-Revive Criminal 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. 

•  We bring about excellent results

Rep-Revive Criminal 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 Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

• Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal 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 Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.