This is a case study on making false statements to police resulting in a withdrawal of the charge. The circumstances of the offending started with a road rage incident involving our client when they went to the police station to make a report of what happened.
What is alleged to have occurred?
After being involved in a road rage incident, our client went to the police station to file a report. Shortly thereafter, the other party also attended.
Dash camera footage was provided to the police. It was clear that the police, at an early stage, determined that our client was the aggressor and took the view that they had lied when reporting the incident. The client was charged with making false reports to police etc. and was called in to be interviewed where the client denied telling the police a lie and maintained that the client’s version was correct.
What happened following consultation with a lawyer?
The client engaged our office at an early stage of the proceeding. This enabled us to obtain the brief of evidence, together with the electronic exhibits and video footage. All of this was reviewed thoroughly. It was clear when the footage was viewed that whilst the client’s version was not entirely consistent with the footage, it was not wildly or totally incorrect. These differences were explainable when considering the highly charged circumstances and the short duration of the incident.
The police had formed a view about the client’s honesty. The case needed the narrative to be reframed so that the client’s account and its inconsistencies with the evidence appeared reasonable in the circumstances. There is a significant difference between being mistaken and deliberately making a false statement to police.
What was the result of the making false statements to police charge?
Following a written submission at the summary case conference stage, and prior to the matter proceeding to court for the first mention, the prosecution agreed to withdraw the charge. This was an exceptional result in this client’s case as a criminal conviction would have had significant implications for them. The client was in the process of applying for a safe haven visa due to their home country being unsafe to return to. A criminal conviction would have negatively impacted upon this application.
Holly Boylan
Holly handles cases that involve both summary and indictable matters. She appears at all courts in Victoria including the Supreme Court and Court of Appeals. Her excellence in the field led to her being recognised as a Recommended Criminal Defence Lawyer in Victoria in 2024 by Doyles Guide.Holly's approach to cases is marked by professionalism, compassion, pragmatism, and dedication.
View Holly Boylan's profile.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 14/03/2025
