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Law Information - Commonwealth Offences - TAS
False statutory declarations and other false statements
Date: 09/01/2009
The Law -
Criminal Code Act 1924 SECT 113
113. False statutory declarations and other false statements
(1) Any person who wilfully makes a statement false in a material particular, if the statement is made
(a) in a statutory declaration;
(b) in an abstract, account, balance-sheet, book, certificate, declaration, entry, estimate, inventory, notice, report, return, or other document which he is authorized or required to make, attest, or verify by any public general Act; or
(c) in any oral declaration or oral answer which he is required to make by, under, or in pursuance of any public general Act –shall be guilty of a crime.
(2) No person shall be convicted under the provisions of this section solely upon the evidence of one witness as to the falsity of any statement alleged to be false.
What the prosecution must prove - False statutory declarations and other false statements
(a) the accused is correctly identified as the offender
(b) willful false statement in any other the above circumstances
The Maximum Penalty for False statutory declarations and other false statements is
The maximum term of imprisonment is 21 years, or fine, or by both such punishments, and will be determined by the judge as he/she thinks fit in the circumstances of each particular case.
If the crime is tried summarily the maximum term of imprisonment that a court of petty sessions may impose is –
(a) 12 months for a first offence; or
(b) 5 years for a second or subsequent offence
Possible Defences - False statutory declarations and other false statements
(a) Factual Dispute
(b) Necessity
(c) Lack of intent
(d) Identification dispute
The Court process - False statutory declarations and other false statements
Magistrates Court or Supreme Court depending upon whether summary jurisdiction is elected
Written by
Greg Barns
Criminal Defence Lawyer
