Making a false accusation with the intention of having someone investigated for a crime—while knowing they are innocent—is a serious criminal offence. This act is covered under Section 314 of the Crimes Act 1900 NSW and carries a maximum penalty of seven years imprisonment.

Understanding the legal implications of false accusations is essential, particularly in situations involving criminal investigations and family law disputes.

Section 314 of the Crimes Act 1900

Section 314 outlines the offence of knowingly making a false accusation. To secure a conviction, the prosecution must prove three key elements:

• A false accusation was made;
• The intention was to prompt a criminal investigation.
• The accuser knew the accused person was innocent.

If all three elements are satisfied, the offender could face up to seven years in prison.

False Accusations in Family Law

False claims can also arise in family law contexts, such as during custody disputes or divorce proceedings. These accusations can be especially damaging and may result in:

• Court-imposed financial penalties, such as being ordered to pay the other party’s legal costs;
• Reduced credibility in family court proceedings, which could influence custody or access decisions.

Related Offences

Several other sections of the Crimes Act 1900 deal with similar or overlapping conduct:

Perjury – Section 327

Providing false statements under oath during a legal proceeding can lead to perjury charges, punishable by up to 10 years imprisonment. This applies whether the false statement was made in a criminal or civil court case.

False Complaints – Section 547B

Filing a false report with police or any public authority is a criminal offense under Section 547B. This law helps prevent the misuse of police and government resources.

False or Misleading Information

Even outside the context of formal accusations, supplying false or misleading information in certain legal or administrative scenarios can result in fines or imprisonment, depending on the severity of the offence.

Possible Defences to False Accusation Charges

If someone is charged under Section 314 or a related offence, several defences may be available:

Lack of Intent

A person may argue that they genuinely believed the accusation to be true or that they had no intention of triggering a police investigation.

Denial of Making the Statement

The accused may claim they did not make the false statement at all, shifting the burden onto the prosecution to prove otherwise.

Lack of Evidence

If there is insufficient evidence that the accusation was knowingly false or if intent cannot be established, the prosecution may struggle to meet the burden of proof.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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