Section 307B of the Crimes Act is the offence of False or Misleading Information and is extracted below.
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Section 307B of the Crimes Act 1900 deals with the offence of ‘False or Misleading Information’ and reads as follows:
307B False or misleading information
(1) A person is guilty of an offence if:
(a) the person gives information to another person, and
(b) the person does so knowing that the information:
(i) is false or misleading, or
(ii) omits any matter or thing without which the information is misleading, and
(c) any of the following subparagraphs apply:
(i) the information is given to a public authority,
(ii) the information is given to a person who is exercising or performing any power, authority, duty or function under, or in connection with, a law of the State,
(iii) the information is given in compliance or purported compliance with a law of the State.
Maximum penalty: Imprisonment for 2 years, or a fine of 200 penalty units, or both.
(2) Subsection (1) does not apply as a result of subsection (1) (b) (i) if the information is not false or misleading in a material particular.
(3) Subsection (1) does not apply as a result of subsection (1) (b) (ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.
(4) Subsection (1) does not apply as a result of subsection (1) (c) (i) if, before the information was given by a person to the public authority, the public authority did not take reasonable steps to inform the person of the existence of the offence against subsection (1).
(5) Subsection (1) does not apply as a result of subsection (1) (c) (ii) if, before the information was given by a person (the “first person“) to the person mentioned in that sub-paragraph (the “second person“), the second person did not take reasonable steps to inform the first person of the existence of the offence against subsection (1).
(6) The burden of establishing a matter referred to in subsection (2), (3), (4) or (5) lies on the accused person.
(7) For the purposes of subsections (4) and (5), it is sufficient if the following form of words is used:
“Giving false or misleading information is a serious offence.”
Choosing the right legal team to defend your reputation and interests can be a difficult process.
However, it is always important to look at a firm’s experience and results when making this decision.
At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.
Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.
Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.
However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’
Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.
We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.
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