Have you been charged with False Statements?
If so, you will require the services of a law firm that specialises in criminal law. There are a number of questions to be considered prior to telling a court how you intend to plead.
Did you make an intentionally false statement about something you were planning to do? What was it in relation to? The answers to these questions will tell a lawyer whether you have an available defence.
Please read below for more information in relation to this charge.
The offence
Section 247 of the Crimes Act 1958.
The prosecution must prove the following elements beyond reasonable doubt:
- The accused made a statement or conveyed information that has the effect or from which it could reasonably be inferred that there has been or is to be a plan, proposal, attempt, conspiracy or threat to:
- take or exercise control by force or violence of any building (including any structure in the nature of a building or any bridge or mine) aircraft, vessel, motor vehicle or engine or carriage used upon a railway;
- destroy, damage or endanger the safety thereof; or
- kill or injure all or any of the persons therein or thereon; and
- the accused knew the information or statement was false.
The maximum penalty
Level 6 imprisonment being a maximum of 5 years.
Where will my case be heard?
False Statements cases will usually be heard in the Magistrates’ Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult an experienced criminal lawyer urgently. Ensure that you don’t leave preparation to the last minute. It is critical to the success of any legal matter.
If you have been charged with False Statements make an appointment to see one of our experienced lawyers today.
The legislation
Section 247 False statements
Any person who makes a statement or conveys information, being a statement or information that he knows to be false, to the effect or from which it could reasonably be inferred that there has been or is to be a plan, proposal, attempt, conspiracy or threat to—
(a) take or exercise control by force or violence of any building (including any structure in the nature of a building or any bridge or mine) aircraft, vessel, motor vehicle or engine or carriage used upon a railway;
(b) destroy, damage or endanger the safety thereof; or
(c) kill or injure all or any of the persons therein or thereon—
shall be guilty of an indictable offence and shall be liable to level 6 imprisonment (5 years maximum).
