ADLA Quicklinks


Offence

Begin Search

ADLA member for - NSW

Written by
Lionel Rattenbury
Criminal Defence Lawyer


Perjury Offences - NSW
Welcome to the NSW False accusations article page. Everything you need to know about False accusations according to NSW law - Dated: 01/09/2009

What the Law States according to NSW Law for False accusations

According to NSW Law for the charge of False accusations,

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
1050 Make false accusation with intent subject other to investigation-T1

The Maximum Penalty - False accusations

According to NSW Law for the charge of False accusations,

The maximum penalty for the charge of false accusations (Section 314 of the Crimes Act) is seven years imprisonment.

In NSW, a court can impose any of the following penalties for a false accusations charge.

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

Local Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of false accusations, if heard in the Local Court, is likely to be a good behaviour bond with supervision under section 9 of the Crimes (Sentencing Procedure) Act for a period of 2 years.

District Court

If the matter is finalised in the District Court the likely penalty is imprisonment for a period of 3 ½ years.

What the Police must prove according to NSW Law for False accusations

To convict you of a false accusations charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You made an accusation.
  2. It was with the intention of making a person to be the subject of an investigation of an offence.
  3. You knew that other person was innocent of the offence.

They will also need to prove that you were the person who committed the false accusations offence.

Possible Defences under NSW Law - False accusations

Possible defences to a false accusations charge include but are not limited to:

In NSW which court will hear the matter - False accusations

This matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

null null
Call ADLA on 1300 331 331