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False statements
False statements
Written by
Shaun Pascoe
Criminal Defence Lawyer
What the Law states - False statements
Crimes Act 1958 - SECT 247
False statements247. False statements
Any person who makes a statement or conveys information, being a statement or information that he knows to be false, to the effect or from which it could reasonably be inferred that there has been or is to be a plan, proposal, attempt, conspiracy or threat to-
(a) take or exercise control by force or violence of any building (including any structure in the nature of a building or any bridge or mine) aircraft, vessel, motor vehicle or engine or carriage used upon
a railway;
(b) destroy, damage or endanger the safety thereof; or
(c) kill or injure all or any of the persons therein or thereon-
shall be guilty of an indictable offence and shall be liable to level 6 imprisonment (5 years maximum).
Maximum Penalty in Victoria
5 years
What the Prosecution must prove - False statements - Vic
1. An intentionally false statement
2. Concerning a plan or proposal to take control of building, aircraft, vessel, motor vehicle or engine or railway carriage.
3. Or a plan to destroy damage or endanger safety of building, aircraft, vessel, motor vehicle or engine or railway carriage.
4. Or a plan to kill or injure all or any persons connected with building, aircaft, vessel, motor vehicle or engine or railway carriage.
Street Names
Forgery
Possible Defences - False statements
Factual dispute
Lack of intent
Identification dispute
Which court will hear the charge of False statements
Magistrates Court or County Court depending upon whether summary jurisdiction is elected.
