False Accusations (NSW)

In New South Wales it is an offence to make a false accusation about a person where it is intended that the person will be the subject of an investigation for an offence. 

The offence carries a maximum penalty of 7 years imprisonment.

What is the Offence of Making False Accusations?

The offence of making False Accusations is contained in section 314 of the Crimes Act 1900 (NSW) which states:

A person who makes an accusation intending a person to be the subject of an investigation of an offence, knowing that other person to be innocent of the offence, is liable to imprisonment for 7 years.

The following acts may constitute an offence of making False Accusations:

• Calling the Police to report Child Abuse Material on a person’s computer just because you don’t like them and want them to have the hassle of a search warrant being executed; 
• Telling the Police (who were called to your house by a neighbour who heard a disturbance) that your partner assaulted you, when it was in fact you who assaulted your partner; 
• Calling authorities to maliciously report that a business competitor was breaching numerous Food Health and Safety offences just to create difficulties for them; or
• Telling your partner, and then the police, that you were sexually assaulted and didn’t consent to a one night stand you had with a person you met at a bar on a night out because you regret what you did and don’t want to break up with your partner. 

What Must be Proven?

For a person to be found guilty of making False Accusations the prosecution must prove each of the following matters beyond a reasonable doubt:

• You made an accusation; and
• You intended the person about whom the accusation was made would be the subject of an investigation for an offence; and
• You knew that the person was innocent of that offence.

If the prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is a Table 1 offence, which means the matter will be finalised in the Local Court unless either the Prosecution or the Accused can elect to have it dealt with in the District Court. 

Possible Defences to Making False Accusations

The following defences may be available for a charge of making False Accusations::

• You didn’t make an accusation;
• The accusation you made was not for an offence;
• You had no intention of making someone the subject of a police investigation; or
• You believed the accusation you made was true (or that you didn’t know the person was innocent of the offence).

Common Questions about Making False Accusations

Will I receive a criminal conviction?

Probably. Where a person pleads guilty or is found guilty, a conviction and criminal record for this offence is very likely. However, it remains technically possible to avoid a conviction. If a person was to plead not guilty and was acquitted, they would not receive a conviction. 

In NSW, a Court can impose any of the following penalties for this charge.

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what a person does for a living. Some jobs require no criminal convictions, and a conviction might jeopardise a person’s employment or make it difficult to obtain visas for overseas travel. 

Will I go to Gaol?

Possibly. While most offenders are sentenced to a Community Corrections Order, a number of people get sentenced to gaol, or are made the subject of an Intensive Corrections Order (which is a sentence of imprisonment served in the community). Whether a person will receive a Gaol sentence depends on many factors including whether they plead or are found guilty, the circumstances of the offence itself (and whether the person they made the false accusation about was actually investigated, charged, arrested or imprisoned), any prior criminal history and the person’s own circumstances. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.