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False accusations


Contact Armstrong Legal:
Sydney: (02) 9261 4555

John Sutton
Craig Robinson
Andrew Tiedt
Andrew Fraser
Mariah Maltezos
Nicholas Breen
Sarah Marinovic
Michael Hempsall
Will Del Din

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.

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.

Which court will hear your False accusations charge in NSW:

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.

What is the law part and the short description?

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

What the police must prove:

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 for False accusations

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

Types of penalties:

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 use of false accusations charge: When deciding the amount of a fine for a false accusations charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

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. Read more.

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. Read more.

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. Read more.

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. Read more.

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


where to next ?

1300 168 676

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

Why Choose Armstrong Legal?

Contact Armstrong Legal:
Sydney: (02) 9261 4555