At Chidiac & Associates, we provide experienced criminal defence representation to clients facing false accusation and related administration of justice offences throughout Sydney and New South Wales.

What is a False Accusation?

Under s 314 of the Crimes Act 1900 (NSW), the Prosecution must establish that the accused:

• made an accusation against another person;
• intended that the person become the subject of an investigation for an offence; and
• knew that person was innocent of the offence.

Importantly, an allegation that is ultimately found to be incorrect does not automatically constitute a criminal false accusation. The Prosecution must establish that the accused knew the person was innocent when the accusation was made.

What Can Amount to a False Accusation?

Allegations may arise where a person deliberately:

• makes a false complaint to police;
• identifies an innocent person as an offender;
• provides false information intending another person to be investigated; or
• makes an accusation designed to cause police or another authority to investigate an innocent person.

The precise circumstances and the accused person's intention are critical.

Elements of False Accusations

To prove an offence under s 314, the Prosecution must establish each element beyond reasonable doubt.

1. An Accusation Was Made

The accused must have made an accusation concerning another person.

2. An Investigation Was Intended

The accused must have intended that the other person become the subject of an investigation for an offence.

3. The Accused Knew the Person Was Innocent

The Prosecution must establish that the accused knew the person was innocent.

This is a critical distinction. It is not necessarily enough that the allegation was:

• unsubstantiated;
• withdrawn;
• unable to be proved;
• based on a genuine mistake; or
• followed by a finding that the person was not guilty.

The Prosecution must establish the accused's knowledge at the time the accusation was made.

Penalties for False Accusations

Under s 314 of the Crimes Act 1900 (NSW):

Maximum penalty: 7 years' imprisonment

The maximum penalty does not mean that a person convicted will necessarily receive imprisonment. The appropriate sentence depends upon the circumstances of the offending and the offender.

Can I Defend a False Accusation Charge?

Being charged does not mean that you are guilty. The Prosecution bears the burden of proving the offence beyond reasonable doubt.

Depending upon the circumstances, potential issues may include:

• the accused did not make the alleged accusation;
• the accused did not intend the person to be investigated;
• the accused genuinely believed the allegation to be true;
• the accused did not know the person was innocent;
• the allegation has been taken out of context;
• the Prosecution cannot establish the accused's state of mind; or
• the Prosecution evidence is unreliable or inconsistent.

The distinction between knowingly making a false accusation and making an allegation that later proves to be incorrect can be fundamental.

Evidence in False Accusation Cases

The Prosecution may rely upon:

• police statements and interviews;
• text messages, emails and other communications;
• social media messages;
• CCTV;
• witness evidence;
• previous complaints; and
• documentary evidence.

The chronology of events and communications may be particularly important in determining what the accused knew and intended when the accusation was made.

Sentencing for False Accusations

If convicted, the Court may consider:

• the nature and seriousness of the false accusation;
• the offence falsely alleged;
• the consequences for the person accused;
• whether an investigation or Prosecution resulted;
• the extent of police or other resources involved;
• the offender's criminal history;
• personal circumstances;
• remorse and prospects of rehabilitation; and
• whether an early guilty plea was entered.

How We Can Help

At Chidiac & Associates, we provide:

• confidential advice about False Accusation charges;
• detailed analysis of the Prosecution evidence;
• examination of communications and witness statements;
• assessment of the accused person's knowledge and intention;
• advice concerning potential defences;
• representation at court;
• preparation for defended hearings and trials; and
• sentencing advice and representation.

Our approach is built on thorough preparation, practical advice and strong courtroom advocacy.