Section 335 Crimes Act | False Statement in Evidence on Commission


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Because the justice system relies heavily on the honesty and truthfulness of witnesses in order to establish the facts and circumstances of a case, courts take the giving of false statements very seriously.

There are a number of provisions in the Crimes Act which deal with false statements and false accusations.

Section 335 of the Crimes Act deals specifically with situations where you have been ordered by the Supreme Court to give or produce evidence in court.

The law says that if you are found to provide false evidence in these situations, either orally or in writing, you could face a maximum penalty of up to 5 years imprisonment.

This section only applies to evidence that is provided whilst you are not under oath.

While the maximum penalty for this offence is obviously lengthy, it is important to remember that it will only apply in the most serious circumstances.

Our highly experienced criminal defence team can give you the help you need when it comes to fighting the charges in court or seeking a more lenient penalty.

The Legislation

Section 335 of the Crimes Act 1900 deals with the offence of “giving false statements in evidence on commission” and reads as follows:

335 False statements in evidence on commission

If a person, in giving any testimony (either orally or in writing) otherwise than on oath, when required to do so by an order under section 33 (Power of the Supreme Court to give effect to application for assistance) of the Evidence on Commission Act 1995, makes any statement that is false in a material particular, knowing the statement to be false or not believing it to be true, is liable to imprisonment for 5 years.

Why Sydney Criminal Lawyers?

It can be hard to know who to turn to when you’ve been accused of making false statements, however the team at Sydney Criminal Lawyers can give you the direction and advice that you need to secure a positive outcome in these cases.

Our legal experts have considerable experience fighting and winning these types of cases and can advise you of the best steps to take when it comes to fighting the charges in court.

Our lawyers understand that going to court can be a stressful and time-consuming process – which is why they always push to have the charges dropped at an early stage by carefully examining all the evidence and raising any issues with the prosecution.

Should your matter proceed to court, we guarantee that you will be represented only by our senior lawyers, who have been recognised for their ability to win even the most complex criminal cases.

We will also fight to secure the best possible penalty if you simply wish to plead guilty – our experienced lawyers are well-versed at presenting compelling sentencing submissions which focus on the positive features in your case in order to maximise your chances of receiving a lenient penalty.

For the best defence in your “false statements” case, trust the criminal law specialists.

Call us today on (02) 9261 8881 and book your FREE first conference with our experts.