The offence of State False Address When Requested is found in section 456AA(3)(C) of the Crimes Act 1958. It is a criminal offence that is committed by a person who provided a false address in response to a request made by a police officer.
Have you been accused of State False Address When Requested?
Have you been accused of State False Address When Requested?
Police Interview
If the Police want to speak with you about an allegation of stating a false address, speak with one of our experienced lawyers first. Anything you tell the Police without advice can make running a defence in Court more difficult later on.
Pleading Not Guilty
You may dispute this charge because the Police have misinterpreted what you told them. Speak with one of our lawyers about your prospects of successfully defending this charge.Pleading Guilty
Pleading guilty to Stating False Address When Requested means that that you accept responsibility for the offence.Even in circumstances where you accept wrongdoing and you agree that you have committed this offence, you should always seek advice and legal representation from an experienced criminal lawyer. Your lawyer understands the Court process and what is required to help you get the best outcome in your particular circumstances.
Sentencing
Sentencing in the Magistrates’ Courts of Victoria
Which court will the case be heard in?
This offence is heard at the Magistrates’ Courts.What is the legal definition of State False Address When Requested?
The Police officer requesting your address must inform you of the grounds for his or her belief in sufficient detail so that you understand the nature of the offence you are alleged to have committed or suspected of committing.If a Police officer asks you to provide your address, you may ask them for their rank and Victoria Police number (badge number).
Examples of State False Address When Requested
- Deliberately giving a Police officer a false address when questioned about committing an indictable offence such as theft or assault.
- Deliberately giving a Police officer a false address when questioned about committing a summary offence such as a trespass or wilful damage of property.
- Deliberately giving Police a false address when being bailed by Police after being charged with a criminal offence.
Elements of the offence
The prosecution must prove:- The accused was asked to provide address in reasonable circumstances; and
- The accused provided a false address.
Legislation
The legislation for this offence can be found on section 456AA(3)(c) of the Crimes Act 1958.What are some of the possible defences to State False Address When Requested?
If you have been charged with providing Police a false address, you may rely on one of the following defences:- Honest and reasonable mistake as to fact;
- Lack of intent; or
- There is insufficient evidence to prove the case beyond reasonable doubt.
Questions in cases like this
- Did the person who asked for your address identify themselves as a Police officer?
- Did the Police officer who asked for your address explain why they were requesting your address?
- Did you deliberately provide a false address?
Maximum penalty for section 456AA(3)(c) of the Crimes Act 1958
The offence of State False Address When Requested (s456AA(3)(c) of the Crimes Act 1958) carries a fine of 5 penalty units (around $700) as the highest possible sentence.Other important resources
- SACStat Higher Courts – Crimes Act 1958 (Vic) : s 456AA(3) – state false name or address when requested
- SAC Statistics – Crimes Act 1958 (Vic) : s 456AA(3)(c) – state false address when requested
- Victoria Legal Aid: Speaking to the Police
