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ADLA member for - NSW

Written by
Phillip Gibson
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:

  • Duress
  • Necessity
  • Self Defence

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.

Section 10 for a False accusations charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.

Fines for a False accusations charge: When deciding the amount of a fine for a possession of data with intent charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set.

Good behaviour bond for a False accusations charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years.

Community service order for a False accusations charge (CSO) This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order.

Suspended sentence for a False accusations charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years.

Periodic detention for a False accusations charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a False accusations charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service.

Jail for a False accusations charge: This is the most serious penalty for the charge of False accusations and involves full time detention in a correctional facility.

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