Have you been charged with making False Statements?
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What does it mean to be charged with making a false statement?
Being charged under Section 247 of the Crimes Act (“CA”) for making false statements involves allegations that an individual knowingly made a false statement or conveyed false information. The information must suggest, or reasonably imply, that there has been or will be a plan, proposal, or threat to:
- Take control of any building, vehicle, aircraft, vessel, or railway carriage by force or violence.
- Destroy, damage, or endanger the safety of any such structure or vehicle.
- Kill or injure people within or on the mentioned properties.
What must the prosecution prove?
To secure a conviction under Section 247 of the CA, the prosecution must establish the following elements beyond a reasonable doubt:
1. You made a statement or conveyed information that either directly suggested or reasonably implied the existence of a plan, proposal, attempt, conspiracy, or threat to:
a. Take control of a building, aircraft, vessel, motor vehicle, or railway carriage by force or violence.
b. Destroy, damage, or endanger the safety of the building, vehicle, or structure.
c. Kill or injure any individuals in or on the mentioned properties.
2. You knew that the information or statement was false at the time it was made.
What is a false Statement?
A false statement refers to any assertion, representation, or communication of facts that is knowingly or recklessly untrue, incorrect, or misleading. In legal terms, a false statement can take many forms, such as a verbal declaration, written document, or digital communication, and it may be made in various contexts, including during official proceedings, financial transactions, or interactions with law enforcement. The key aspect is that the individual making the statement either knows it is false or fails to verify its truthfulness with the intent to deceive, mislead, or gain some form of advantage.
Penalties for making a False Statement:
This is considered an indictable offence, and if convicted, you could face a maximum penalty of 5 years imprisonment (Level 6 offence).
Where will my case be heard?
False Statements cases will be heard in the Magistrates’ Court of Victoria.
Factors and Defences to consider:
- Did you knowingly and intentionally make a false statement?
- Was the false statement about something of material importance or significant in a legal or factual context?
- Did the false statement cause harm, prejudice or damage to another person?
- Was the false statement misinterpreted?
- Do you have any previous charges of a similar nature?
- What were the surrounding circumstances of your offence?
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What happens next?
If you’ve been charged with making false statements, the first crucial step is to reach out to MK Law for immediate legal advice. Your lawyer will guide you through the complexities of your case, helping you to understand the charges against you and the potential consequences. They will review all relevant evidence, including any documentation or communications related to the allegation, and work with you to formulate a strong defence strategy tailored to your specific circumstances.
It is essential to attend all court appearances as these are critical to your case. Your lawyer will advise you on how to prepare for these hearings and what to expect during the process. They will also assist you in exploring various possible defences, negotiating potential settlements, or preparing for trial if necessary. Early legal representation is vital, as it equips you with the knowledge and support needed to navigate the legal system effectively, increasing your chances of achieving the best possible outcome.
Moreover, maintaining open lines of communication with your lawyer throughout this process is important. They will keep you informed of any developments in your case and advise you on the best course of action at each stage. If you need expert advice, don’t hesitate to call 1800 130 120 for confidential assistance tailored to your situation.
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