Have you ever had a false accusation made against you?
False accusations can have devastating consequences, such as a loss of employment or even liberty, especially if they lead to a criminal charge or conviction.
In New South Wales, false accusations are treated very seriously. If found guilty of making a false accusation you may be liable to imprisonment for seven years. S 314 of the Crimes Act makes it an offence to make an accusation, intending for a person to be the subject of an investigation of an offence, if you know that the person is innocent.
The prosecution must prove beyond a reasonable doubt that:
- You made a false accusation
- You intended the person to be the subject of an investigation of an offence, and
- You knew that person was innocent of the offence.
Is it an offence to make a false allegation to implement an AVO?
Under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), it is an offence to knowingly make a false or misleading statement to a registrar or magistrate for the purpose of applying for an apprehended personal violence order. The maximum penalty for doing so is imprisonment for 12 months or $1,100, or both
In some circumstances a registrar (or other authorised officer) can refuse to issue process for a final AVO if they are satisfied that the application is frivolous, vexatious, without substance, or has no reasonable prospect of success.
If you have been charged with a criminal offence, you can contact the team at Hamilton Janke Lawyers 24/7 by calling 4038 1666.
Key Takeaways
- Making a false accusation with the intention of having someone investigated for a crime they didn't commit is illegal in NSW, punishable by up to seven years in jail.
- The law requires proof that the accuser made a false claim, intended for an investigation to occur, and knew the accused was innocent.
- Making a false or misleading statement to obtain an AVO carries a maximum penalty of 12 months in prison or a $1,100 fine, or both.
Written By
James Janke
James Janke is founding partner at Hamilton Janke Lawyers, and has more then decade of experience as a Criminal Defence Lawyer. Admitted to both the Supreme Court of New South Wales and High Court of Australia
