Section 314 Crimes Act 1900 | False Accusations


Because of the serious impact that false accusations can have on another person’s life, as well as the potential for unfounded accusations to result in a wrongful conviction, the courts treat the making of false accusations very seriously.

However, by familiarising yourself with the law in this area, you can put yourself in the best possible position when it comes to fighting the charges in court.

Section 314 of the Crimes Act creates an offence against the making of false accusations.

It says that if you know that someone is innocent, yet make allegations with the intent of making them the subject of a criminal investigation, you could face a maximum penalty of 7 years’ imprisonment.

This is obviously a very heavy penalty, however with the help of our highly experienced criminal lawyers, you can take steps to avoid a conviction altogether.

The Legislation

Section 314 of the Crimes Act 1900 deals with the offence of “making false accusations” and reads as follows:

314 False accusations etc

A person who makes an accusation intending a person to be the subject of an investigation of an offence, knowing that other person to be innocent of the offence, is liable to imprisonment for 7 years.

Why Sydney Criminal Lawyers?

As a firm that practices criminal law exclusively, the expert defence team at Sydney Criminal Lawyers has the required knowledge and skill to ensure that you get the best possible outcome in your “false accusations” case.

Our lawyers can assist you in navigating the law to identify any possible defences to the charges; for example, where you honestly and reasonably believed that the person you made the allegations against was guilty.

We will also take the time to carefully examine all the prosecution evidence to find problems with their case – if any issues are identified, we can raise them at an early stage and ask to have the charges dropped on this basis.

If you wish to plead guilty, our lawyers will work hard to ensure that your matter stays in the Local Court, where the maximum penalties are much lower.

We will also prepare persuasive sentencing submissions which discuss all positive facts and circumstances in order to ensure that you achieve the most lenient penalty possible.

For the best outcome in your “false accusations” case, get the best lawyers on your side. Call us now on (02) 9261 8881 and find out how we can help you win your case.