At Chidiac & Associates, we provide experienced criminal defence representation to clients facing false statement and false swearing charges throughout Sydney and New South Wales. We carefully examine the statement alleged to be false, the circumstances in which it was made and the evidence concerning the accused person's knowledge and belief.

What is Making a False Statement?

The offence is contained in section 330 of the Crimes Act 1900 (NSW) and is titled “False statement on oath not amounting to perjury.”

A person commits an offence where they:

• make a statement on oath;
• the statement is false;
• they know the statement is false or do not believe it to be true; and
• the conduct does not amount to the more serious offence of perjury.

The requirement that the statement be made on oath is important. Not every inaccurate, misleading or untruthful statement will constitute an offence under s 330.

What is the Difference Between False Statement and Perjury?

Perjury is dealt with under section 327 of the Crimes Act 1900 (NSW).

Perjury occurs where a person makes a false statement on oath in or in connection with a judicial proceeding, concerning a matter material to that proceeding, knowing the statement to be false or not believing it to be true. The maximum penalty is 10 years' imprisonment.

Section 330 applies to false statements on oath that do not amount to perjury.

Penalties at a Glance

These are maximum penalties, not automatic sentences.

Elements of Making a False Statement

To establish an offence under s 330, the Prosecution must prove the relevaelements beyond reasonable doubt.

1. The Accused Made a Statement on Oath

The Prosecution must establish that the accused made the relevant statement on oath.

The circumstances and form in which the statement was made will therefore be important.

2. The Statement Was False

The Prosecution must establish that the statement was in fact false.

A statement that is merely unclear, incomplete or capable of more than one interpretation does not necessarily establish the offence.

3. The Accused Knew the Statement Was False or Did Not Believe It to Be True

The Prosecution must establish the accused's state of mind.

It is not sufficient simply to establish that a statement was incorrect. The Prosecution must establish that the accused knew it was false or did not believe it to be true.

This can make the accused person's state of mind a critical issue in the proceedings.

What Are the Penalties?

Under section 330 of the Crimes Act 1900 (NSW):

Maximum penalty: 5 years' imprisonment

The offence is less serious than perjury, which carries a maximum penalty of 10 years' imprisonment.

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

Can I Defend a False Statement Charge?

Being charged with Making a False Statement 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 statement was not made on oath;
• the statement was not false;
• the accused genuinely believed the statement to be true;
• the accused did not know the statement was false;
• the statement has been taken out of context;
• there is insufficient evidence concerning the accused's state of mind;
• the Prosecution has incorrectly characterised the statement; or
• the evidence is inconsistent or unreliable.

The appropriate defence will depend upon the precise statement alleged and the circumstances in which it was made.

Contradictory Statements

Section 331 of the Crimes Act 1900 (NSW) deals with circumstances where an accused has made two statements on oath that are irreconcilably inconsistent.

Where the court or jury is satisfied that one statement was made knowing it was false or without believing it to be true, but cannot determine which statement was false, the legislation permits a special finding in the circumstances specified by the section.

This can be particularly relevant where an accused has provided different versions of events on different occasions.

Evidence in False Statement Cases

The Prosecution may rely upon:

• the original sworn statement;
• affidavits or statutory declarations;
• transcripts;
• documentary evidence;
• correspondence;
• recordings;
• witness evidence;
• previous statements; and
• evidence concerning the circumstances in which the statement was made.

The surrounding evidence can be particularly important when determining whether the accused knew the statement was false or did not believe it to be true.

At Chidiac & Associates, we carefully examine the statement itself and the evidence relied upon to establish its alleged falsity and the accused person's state of mind.

Sentencing for Making a False Statement

Where a person is convicted, the Court may consider:

• the nature of the false statement;
• the importance or significance of the statement;
• whether the statement affected legal or administrative proceedings;
• the extent to which the statement was relied upon;
• whether the conduct was deliberate;
• the offender's criminal history;
• personal circumstances;
• remorse and prospects of rehabilitation; and
• whether an early guilty plea was entered.

The seriousness of the offending will depend substantially upon the circumstances in which the false statement was made and its potential or actual consequences.

Related False Statement Offences

There are a number of other offences involving false or misleading statements under NSW legislation.

For example:

• s 327 - Perjury;
• s 328 - Perjury with intent to procure conviction or acquittal;
• s 333 - Subornation of perjury;
• s 335 - False statements in evidence on commission; and
• s 336 - False entry on a public register.

The precise offence that applies depends upon the circumstances and the nature of the statement.

How We Can Help

At Chidiac & Associates, we provide:

• confidential advice about your False Statement charge;
• detailed analysis of the alleged false statement;
• examination of documentary and witness evidence;
• assessment of the evidence concerning your state of mind;
• advice concerning the distinction between s 330 and perjury;
• 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, careful analysis and strong courtroom advocacy