False statements

False statements

False statements is when you make a false statement and you have a plan to control, destroy or damage a building or vehicle. Or kill or injure someone in the building or vehicle.
This charge would be heard either in the Magistrates’ Court or the County Court.
Examples of False Statements
  • A construction company make a false statement to the Council about the state of a building. The company destroy the building.
What is the legal definition of False Statements?
The Prosecution must show that you made an intentionally false statement. And there was a plan or proposal to take control of a building, aircraft, car, boat, engine or train. Or a plan to damage a building, aircraft, car, boat, engine or train. Or a plan to kill or injure someone in a building, aircraft, car, boat, engine or train.

The section that covers this offence is section 247 of the Crimes Act 1958.

Elements of the offence
The prosecution must prove the following elements in order for an accused to be found guilty of False Statements:

  1. The accused made a statement or conveyed information.
  2. The statement or information has 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—
    • 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;
    • destroy, damage or endanger the safety thereof; or
    • kill or injure all or any of the persons therein or thereon.
  3. The accused knew that the statement or information was false.
“Did you lie to someone?”

  • No false statement was made.
  • There was no knowledge that information was false when the statement was made.
  • There was no damage caused by the false statement.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this
  • Did you lie to someone so that a building or vehicle could be damaged or destroyed?
  • Can they prove that you made a false statement?
  • Can they prove there was damage caused as a result of your false statement?

The maximum penalty for False Statements (s247 of the Crimes Act 1958) is level 6 imprisonment (5 years).

What can you be sentenced to for this charge?
False statements is an offence that is rarely seen in the Courts but could carry a prison term if you are found guilty.

This is an indictable offence but it will generally be heard summarily in the Magistrates’ Court.