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Making a False Accusation

Making a False Accusation is an offence under Section 314 of the Crimes Act 1900, which carries a maximum penalty of 7 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You made an accusation against another person
  2. You intended that person to be the subject of an investigation for an offence, and
  3. You knew the other person was innocent

Example of false accusations may include:

  1. Reporting to police that a person had been violent towards you, or
  2. Advising the tax office that another person had engaged in tax evasion, or
  3. Complaining to your local council that a neighbour had committed an offence, in circumstances where you knew the person did not do so but intended they be investigated regardless.

Duress is a defence to the charge.

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