False accusations are characterised as untruthful and dishonest claims that may be used to implicate other individuals for a crime they didn’t perpetrate for various reasons. The act of false accusations is fraudulent and is considered as a criminal offence under section 314 of the Crimes Act 1900 (NSW). The Crimes Act states that:
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.
As a leading criminal defence law firm based in Sydney, our expert team of criminal lawyers possess a wealth of knowledge in relation to fraud charges and false accusations.
If you or somebody you know is facing such charges, contact Benjamin Leonardo – The Defenders now for a first consultation.
As per section 314 of the Crimes Act 1900, false accusations are considered as serious crime with potentially significant penalties. If you’re facing charges relating to false accusations, the maximum penalty that could be incurred is a 7 years in gaol. It is also not uncommon that false accusations will typically lead to a thorough police investigation into why the accusations were made in the first place, potentially exposing the defendant to additional charges.
However, in NSW the Court has the ability to enforce alternative penalties in appropriate circumstances. To be eligible, the Court will consider the nature of the crime, personal character, criminal history and individual circumstances to determine whether you should receive the maximum penalty or a lesser sentence. Upon consideration, the Court may determine that less significant penalties such as Community Service Orders (CSOs), Intensive Corrections Order (ICOs), good behaviour bonds or fines may be appropriate in this instance.
For more accurate advice in relation to the penalties that relate to your specific case should you be facing charges of false accusations, contact our expert criminal defence lawyers for a first consultation.
In order to be found guilty of charges relating to making a false accusation, the prosecution must prove beyond a reasonable doubt that you did commit the crime as per section 314 of the Crimes Act 1900. It must be proven that:
- You made a false claim; and
- That claim was intended for a victim to be under Police investigation; and
- This claim was made despite knowing the victim was innocent
If the above claims can be established and proven, it is likely you will be found guilty of the offence. If you agree with these statements, you have the ability to plead guilty, where the case will proceed to sentencing and above penalties will be enforced. While the offence attracts a maximum gaol term of 7 years, a guilty plea could result in more favourable outcomes. The Court recognises that those who plead guilty often demonstrate remorse for their actions. As a result, it is not uncommon to see offenders receive reduced gaol terms, if the Court feels it appropriate. Alternatively, the Court may also reward a guilty plea with other less significant penalties as mentioned above.
If you, or somebody you know as been charged with making a false accusation, contact our team of expert criminal defence lawyers for a consultation to discuss appropriate advice on the penalties that may be enforced pertinent to your specific case.
Alternatively, you can choose to plead not guilty to the allegations made against you. In this instance, a brief of evidence that will be used by the prosecution, will be served and examined by our expert criminal defence lawyers. After proper examination of the evidence, our lawyers can determine the best course of action to appropriately defend your case. If the evidence used against you is strong, it is possible that you will be found guilty and the above penalties will be enforced.
For your best chance to avoid potentially significant penalties, it is advised to seek representation from our expert criminal defence law firm based in Sydney. Our criminal defence solicitors will then negate the allegations by using a relevant defence strategy.
As an award winning criminal law firm, we are dedicated to providing our clients with the best possible outcome. If you are facing charges of making a false accusation, contact Benjamin Leonardo – The Defenders for a consultation.
There are a variety of criminal law defences that our Sydney fraud lawyers may debate on the accused’s behalf in relation to making a false accusation. These defences include:
Duress: Involves the use of harmful threats to coerce an individual to participate in an illegal activity that they would have not participated in, if the threats were not present. Typically, these threats take form of death or grievous bodily harm in which it is firmly believed that by the accused that if they do not participate in the activity, the threat will take place.
Necessity: Occurs in situations where the defendant is in imminent danger by human or natural forces which have resulted in the participation of the criminal offence. For this defence to be used either by yourself or a criminal defence lawyer, it must be proven that the criminal act was only undertaken in order to avoid consequences that are deemed as “irreparable evil”. The accused must also honestly believe that they were in a situation of “imminent peril” and had no other alternatives to avoid the threat.
The offence of making false accusations as per section 314 of the Crimes Act 1900 is generally classified as a table matter. In this instance, the matter is typically dealt with in the Local Court. However, an election can be made by either yourself or the prosecution for the matter to be dealt with at the District Court.
As some of Sydney’s best criminal defence lawyers with 90% success rate for the cases we have represented, our team has achieved great results in various Courts throughout NSW. Clients can be confident that whether their case is dealt with at a Local, District or Supreme Court that our Sydney criminal lawyers possess the expertise to effectively handle the matter.
If you or someone you know is facing charges of making a false accusation, call our expert team now for a consultation.