Is it a crime to make a false accusation?

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:

  1. You made a false accusation
  2. You intended the person to be the subject of an investigation of an offence, and
  3. 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.

Written By
James Janke
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

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