Furnishing false or misleading information
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Have you been charged for furnishing false or misleading information?
Under Section 47 of the Sex Offenders Registration Act 2004 (Vic), there are two summary offences, and one indictable offence related to failing to comply with reporting obligations. These offences differentiate based on the nature of the false or misleading information provided by a registrable offender.
Types of Offences:
Under Section 47, there are two summary offences, and one indictable offence related to failing to comply with reporting obligations. These offences differentiate based on the nature of the false or misleading information provided by a registrable offender.
- Indictable Offence (s 47(2))
- Description: A registrable offender who purports to comply with reporting obligations but knowingly provides false or misleading information that is material in nature.
- Maximum Penalty: 5 years imprisonment.
- Summary Offences
- s 47(1): A registrable offender who purports to comply with reporting obligations (excluding details covered by s 14) but knowingly provides false or misleading information that is material.
- Maximum Penalty: 2 years imprisonment.
- s 47(3): A registrable offender who purports to comply with reporting obligations and knowingly provides false or misleading information that is material, specifically regarding details in specified subsections of s 14.
- Maximum Penalty: 2 years imprisonment.
- s 47(1): A registrable offender who purports to comply with reporting obligations (excluding details covered by s 14) but knowingly provides false or misleading information that is material.
What the Prosecution Must Prove
To secure a conviction under Section 47, the prosecution must prove the following elements:
- You must be a registrable offender subject to reporting obligations.
- You knowingly provided information that was false or misleading in a material respect.
- The false or misleading information provided must relate to specified reporting obligations as outlined in the Act.
Reporting Obligations for Registrable Offenders:
For Indictable Offence (s 47(2)):
Registrable offenders must report the following personal details:
- Residence: Address of each residence.
- Contact Information: Telephone number, email address, and name of the Internet service provider.
- Online Identities: Usernames or identities used on the Internet.
- Children: Names and details of children with whom the offender has contact.
- Employment: Nature of employment and details of the employer.
- Affiliations: Membership in clubs or organisations with child participants.
- International Offences: Details of any corresponding offences in foreign jurisdictions.
- Custody: Information about any government custody since the registrable offence conviction.
For Summary Offence (s 47(3)):
The following details must be reported when required:
- Names: Current and previous names.
- Personal Information: Date of birth and details of any owned vehicles.
- Distinguishing Marks: Details of tattoos or permanent marks.
- Travel: Information about travel outside Victoria.
What is a Registrable Offender?
A registrable offender is an individual who has been convicted of a registrable offence under the Sex Offenders Registration Act 2004 (Vic). Once convicted, these individuals are required to register as sex offenders and comply with a series of reporting obligations.
Purpose of Registration
The primary aim of sex offender registration is to:
- Monitor Location: Ensure that law enforcement is informed of the registrable offender’s current whereabouts and personal information.
- Reduce Reoffending: Decrease the risk of reoffending by maintaining oversight of registrable offenders.
- Assist Investigations: Facilitate police investigations in cases involving sexual offences.
- Prevent Child-Related Employment: Restrict registrable offenders from obtaining or maintaining employment in positions that involve working with children.
Where Will My Case Be Heard?
An offence of non-compliance with reporting will generally be heard in the Magistrates Court. However, if the non-compliance is severe, it can be escalated to a higher court.
Penalties for furnishing false or misleading information:
Indictable Offence (s 47(2))
- Description: A registrable offender who purports to comply with reporting obligations but knowingly provides false or misleading information that is material in nature.
- Maximum Penalty: 5 years imprisonment.
Summary Offences
- s 47(1)
- Description: A registrable offender who purports to comply with reporting obligations (excluding details covered by s 14) but knowingly provides false or misleading information that is material.
- Maximum Penalty: 2 years imprisonment.
- s 47(3)
- Description: A registrable offender who purports to comply with reporting obligations and knowingly provides false or misleading information that is material, specifically regarding details in specified subsections of s 14.
- Maximum Penalty: 2 years imprisonment.
Additional Considerations
- Sentencing Trends: Recent data indicate that imprisonment is a common outcome for offences under Section 47, particularly for breaches of reporting obligations. In the Magistrates’ Court, 43.9% of charges resulted in imprisonment, with durations typically lasting up to 6 months for summary offences.
Factors and defences to consider:
- Information Not False or Misleading:
- The primary defence is that you can establish that the information provided to authorities was not false or misleading in any material respect.
- This requires you to demonstrate the accuracy of the information submitted.
- Mistake of Fact:
- If you genuinely believed that the information was correct at the time of reporting, this may serve as a defence. The belief must be reasonable and based on facts that the accused believed to be true.
- Lack of Knowledge:
- You may argue that they did not know the information was false or misleading. This could be applicable if there was a misunderstanding or miscommunication about what constituted the required information.
- Failure to Comply Was Not Wilful:
- If you can show that the failure to provide accurate information was not intentional or wilful, it may serve as a defence. This could involve circumstances such as illness or confusion that affected your ability to comply.
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Offence to Perform Female Genital Mutilation
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Intention of Having Prohibited Female Genital Mutilation Performed
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Sexual Activity with the Corpse of Human Being
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Rape or Rape by Compelled Penetration
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Sexual Assault
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Sexual Assault by Compelling Sexual Touching
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Assault with Intent to Commit a Sexual Offence
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Threat to Commit a Sexual Offence
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Procuring Sexual Act by Threat or Procuring Sexual Act by Fraud
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Administration of an Intoxicating Substance for a Sexual Purpose
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Failing to Comply with Sex Offender Reporting
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Abduction or Detention for a Sexual Purpose
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Furnishing False or Misleading Information
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Indecent Act with a Child Under the Age of 16
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Sexual Activity Directed at Another Person
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Sexual Penetration of a Child Under the Age of 12
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Sexual Penetration of a Child Aged 16 or 17 Under Care, Supervision, or Authority
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Sexual Assault of a Child Aged 16 or 17 Under Care, Supervision, or Authority
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Sexual Activity in the Presence of a Child Aged 16 or 17 Under Care, Supervision or Authority
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Causing a child aged 16 or 17 under care, supervision, or authority to be present during sexual activity
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Persistent Sexual Abuse of a Child Under the Age of 16
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Encouraging a Child Aged 16 or 17 Under Care, Supervision or Authority to Engage in, or Be Involved in, Sexual Activity
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Grooming for Sexual Conduct with a Child under the Age of 16
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Loitering Near Schools Etc by a Sexual Offender
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Failure by a Person in Authority to Protect a Child from a Sexual Offence
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Abduction or Detention of a Child Under the Age of 16 for a Sexual Purpose
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Causing or Allowing a Sexual Performance Involving a Child
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Inciting or Offering a Sexual Performance Involving a Child
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Facilitating a Sexual Offence Against a Child
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Sexual Penetration of a Child or Lineal Descendent
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Sexual Penetration of a Stepchild
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Sexual Penetration of a Parent, Lineal Ancestor or Stepparent
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Sexual Penetration of a Sibling or Half-Sibling
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Sexual Offences Against People with Impaired Mental Functioning (Repealed 2016)
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Child in the Production of Child Abuse Material
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Distributing Child Abuse Material
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Administering a Website Used to Deal With Child Abuse Material
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Accessing Child Abuse Material
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Assisting a Person to Avoid Apprehension
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Sexual Assault of a Person with Cognitive Impairment or Mental Illness
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Using Force, Threat etc. to Cause Another Person to Provide Commercial Sexual Services
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Causing Another Person to Provide Commercial Sexual Services in Circumstances Involving Sexual Servitude
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Aggravated Sexual Servitude
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Deceptive Recruiting for Commercial Sexual Services
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Bestiality
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Child Stealing
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Bigamy
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Abortion Performed by Unqualified Person
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Concealing the Birth of a Child
What happens next?
If charged with the offence of furnishing false or misleading information, you will face a criminal trial where you could face up to 5 years imprisonment if convicted. Given the gravity of the charge, it is crucial to contact an experienced criminal defence lawyer immediately to explore possible defences and mitigate the impact of the charges. An expert lawyer will represent you and instruct you throughout the court process. They will advise you of what defences are available and whether you should plead guilty or not.
Do not delay, call 1800 130 120 for confidential expert advice today.
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