What is False Accusation?
The offence of False Accusation involves a person making an accusation against another person with the intention of having him or her investigated, knowing beforehand that the accused person was innocent of such allegations.
False Accusation & The Law
False Accusation is an offence under Section 314 of the Crimes Act 1900 (NSW).
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused deliberately made an accusation against another person
The accusation was false
The accusation was known to be false, and the person proceeded to make it against another, with the intention of having that person become subject of an investigation
Going to Court – “What am I looking at?”
This type of offence can be dealt with before a Magistrate in the Local Court, where a maximum penalty of up to 2 years imprisonment can be imposed.
However, it is often considered as of sufficient seriousness for the Director of Public Prosecution to decide to elect the matter, and have it transferred to the District Court before a Judge. In such circumstances, the maximum penalty can be up to 7 years imprisonment.
Lawyer Call – here to help..
Contact our experienced team of defence solicitors to obtain appropriate and honest legal advice regarding the prospects of defending this charge and fighting this in Court at a Defended Hearing in the Local Court.
At Lawyer Call we have the expertise and appropriate Barristers and Senior Legal Counsel available for Trial work in the District Court. We understand that the correct management of such a sensitive case through the long Court processes is crucial to putting up the right fight.
Alternatively, if a plea of guilty is more appropriate in the circumstances, negotiations will need to be conducted in an effort to reduce the seriousness of the Police Facts that will be presented before the sentencing Judge. Our solicitors also have in-depth experience in preparing a guilty plea through the gathering and analysing of specific medical and supporting documentation to assist the case and present the best possible submissions before a Judge for a more lenient sentence.
Our Online Legal Conferencing Service, together with our dedicated correspondence and face to face consultations are just only some of the reasons Lawyer Call is the Legal Defence Team you want on your side.