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False statements

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Written by
Shaun Pascoe
Criminal Defence Lawyer

Contact Shaun Pascoe 

03 9458 3700


Fraud / Dishonesty / Theft Offences - VIC
The Law - False statements

What the Law states - False statements


Crimes Act 1958 - SECT 247

False statements

247. 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 for the charge of False statements



5 years

What the Prosecution must prove - False statements



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.

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