Making False Accusations: Expert Criminal Defence Lawyers
Making a false accusation against an innocent person is a serious criminal offence under New South Wales law, carrying a maximum penalty of 7 years imprisonment. This charge arises most commonly in the context of domestic violence matters, family law disputes, and situations where a person has made a statement to police knowing it to be untrue. While the circumstances that lead to this charge are often complex, the legal consequences of a conviction are severe. Understanding what the prosecution must prove, the defences available to you, and your legal options is essential if you are facing this charge.
National Criminal Lawyers has successfully defended clients charged with making false accusations, and has achieved non-convictions for clients who have entered a guilty plea. Our senior criminal defence lawyers understand the nuances of this offence, the evidentiary challenges it raises, and the strategic approaches necessary to achieve the best possible outcome.
What Is Making False Accusations?
Making false accusations is a dishonesty offence that occurs when a person makes an accusation against another person, intending that person to be investigated for an offence, while knowing that person to be innocent of that offence.
Common circumstances in which this charge arises include:
- A former or current partner making false allegations of domestic violence to police to gain a tactical advantage in family court proceedings
- Making a false statement to police identifying a particular person as the offender in a crime to protect the real offender
- Fabricating allegations against a person out of anger, jealousy, or a desire for revenge
- Making a false complaint to police in the context of a custody dispute or property settlement
The critical distinction between this offence and a mistaken accusation is knowledge. The prosecution must prove that the person making the accusation actually knew the other person was innocent. A person who genuinely believed their accusation to be true, even if it later proved to be wrong, does not commit this offence.
The Law: Section 314 of the Crimes Act 1900 (NSW)
The offence of making false accusations is contained in section 314 of the Crimes Act 1900 (NSW), which provides that 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.
Jurisdiction
Making false accusations is a Table 1 offence under NSW legislation. This means the matter is ordinarily dealt with in the Local Court unless the DPP elects to have it dealt with on indictment in the District Court. Where an election is made, the higher sentencing range of the District Court becomes available.
What Must the Prosecution Prove?
Because this is a criminal offence, the burden of proof rests entirely with the prosecution. The prosecution must prove your guilt beyond reasonable doubt, which is the highest standard of proof in the Australian legal system.
To establish making false accusations, the prosecution must prove each of the following elements beyond reasonable doubt:
- That you made an accusation against another person
- That you intended that person to be the subject of an investigation for an offence
- That you knew that person was innocent of the offence at the time you made the accusation
All three elements must be established. The knowledge element, in particular, sets a high bar. The prosecution must prove actual knowledge of the other person’s innocence, not merely that you should have known or that your belief was unreasonable. This element is frequently the most contested in these matters and is often where the prosecution’s case is most vulnerable.
Defences to Making False Accusations
Challenging Knowledge of Innocence
The most significant defence in these matters is a direct challenge to the prosecution’s ability to prove that you knew the person you accused was innocent. This is a demanding element to establish. If the prosecution cannot prove beyond reasonable doubt that you had actual knowledge of the other person’s innocence at the time of making the accusation, the charge cannot succeed.
Evidence that you genuinely believed your accusation to be true, even if it later proved incorrect, is a complete answer to this element. Mistaken belief, even if unreasonable, is not the same as actual knowledge of innocence.
Challenging Whether an Accusation Was Made
The prosecution must prove that an accusation was in fact made. This requires careful examination of what was actually said or communicated and whether it constituted an accusation that the identified person committed a specific offence. Statements that are vague, ambiguous, or do not clearly identify a person as having committed an offence may not satisfy this element.
Challenging Intent to Initiate an Investigation
The prosecution must also establish that you intended the person to be the subject of an investigation for an offence. Where the circumstances suggest the communication was made in a context other than to set a formal investigation in motion, or where the intent element is not clearly established by the evidence, this element can be contested.
Honest Belief in the Truth of the Accusation
Even where a person made an accusation that was objectively false, if they honestly believed it to be true at the time, the knowledge element is not established. This defence is particularly relevant where the charge arises out of a genuinely disputed account of events, such as in the context of a relationship breakdown or a heated dispute, and the person making the accusation had a subjective belief, however mistaken, that what they were saying was accurate.
Negotiating With Prosecutors
Where the prosecution’s evidence is contested or where there are genuine factual disputes about what the accused knew and intended, National Criminal Lawyers can engage with the police or DPP to seek withdrawal or downgrade of the charge, amendment of the alleged facts, or other favourable resolutions before the matter proceeds to hearing or trial.
Your Legal Options If You Are Charged
National Criminal Lawyers has successfully defended clients facing this charge and has achieved non-convictions for clients who have entered a guilty plea. The most appropriate approach will depend on the specific facts and evidence in your matter.
Options available to you include:
- Plea negotiations: NCL will engage with the police or DPP to seek withdrawal, downgrade, or amendment of the charge or the supporting facts
- Pleading not guilty: If the prosecution’s evidence does not establish each element beyond reasonable doubt, NCL will take your matter to hearing or trial and argue that the charge has not been made out
- Disputed facts hearing: If a guilty plea is entered but the alleged facts are contested, NCL can represent you at a disputed facts hearing to seek a less severe sentence
- Guilty plea with submissions: Where a guilty plea with full acceptance of facts is in your best interests, NCL will make strong sentencing submissions seeking that the court not record a formal criminal conviction
Penalties for Making False Accusations in NSW
The maximum penalty for making false accusations under section 314 of the Crimes Act 1900 (NSW) is 7 years imprisonment. As a Table 1 offence, the matter is ordinarily dealt with in the Local Court unless the DPP elects for it to proceed on indictment.
Courts take into account a range of factors when sentencing, including:
- The seriousness of the offence alleged in the false accusation and the potential consequences for the innocent person
- Whether the false accusation led to an investigation, arrest, or prosecution of the innocent person
- The motivation for making the false accusation, including whether it was calculated or made in the heat of the moment
- The impact of the false accusation on the innocent person, including reputational, professional, and personal harm
- The offender’s criminal history and personal circumstances
- Evidence of remorse and prospects for rehabilitation
Where the false accusation was made in the context of a domestic violence matter or family law proceedings, courts are likely to treat the circumstances as aggravating, given the potential for serious harm to an innocent person through the criminal justice system.
Making False Accusations and Related Offences
This charge frequently arises alongside or in connection with other offences. Depending on the circumstances, related charges may include:
- Making a false statement to obtain a financial advantage or other dishonesty offences, where the false accusation was made for financial gain
- Perjury under section 327 of the Crimes Act 1900 (NSW), where the false accusation was made under oath in court proceedings
- Perverting the course of justice under section 319 of the Crimes Act 1900 (NSW), where the false accusation was intended to interfere with the administration of justice
- Domestic violence offences, where the circumstances of the false accusation arise from a domestic relationship and the false accusation itself constitutes a form of abuse
Where multiple charges are laid, National Criminal Lawyers will develop a coordinated defence strategy that addresses each charge and the overall factual narrative, seeking the best outcome across all matters.
Get Expert Defence for Making False Accusations Charges
If you have been charged with making false accusations in New South Wales, immediate expert legal representation is essential. This offence carries a maximum penalty of 7 years imprisonment and can have lasting consequences for your employment, your family, and your reputation, particularly where the charge arises in the context of a domestic dispute or family law proceedings.
National Criminal Lawyers is a specialist criminal defence firm with offices across Western Sydney, including Parramatta, Blacktown, Liverpool, Bankstown, Penrith, and our head office in Bella Vista. Our senior criminal defence lawyers, headed by principal lawyer Michael Moussa, bring over 25 years of combined criminal law experience to every matter.
Do not face these charges without specialist legal representation. Contact National Criminal Lawyers today on 1800 CRIM LAW for a free, confidential consultation. Our experienced team is available to discuss your case, explain your options, and begin building your defence immediately.
Time is critical in criminal matters. Early legal intervention protects your rights, preserves defence opportunities, and maximises the prospects of a favourable outcome. Get the expert legal representation you need to defend these serious charges and protect your future.
