Making False Accusations in NSW

The Law, Penalty and Defences Under Section 314 of the Crimes Act 1900 (NSW)

Making a false accusation in New South Wales is a criminal offence that can lead to prison. Under section 314 of the Crimes Act 1900 (NSW), it is illegal to knowingly accuse an innocent person with the intention of triggering a police investigation. False allegations commonly arise in domestic violence disputes, family law conflicts, workplace complaints, and revenge situations. The law treats this conduct seriously because false accusations cause real harm and misuse police resources.

What is the Law on False Accusations in NSW?

Section 314 of the Crimes Act 1900 (NSW) states:
“A person who makes an accusation intending a person to be the subject of an investigation of an offence, knowing that other person to be innocent of the offence, is liable to imprisonment for 7 years.”

This offence targets deliberate lies made to police or authorities. It is designed to protect innocent people from being investigated, charged, or arrested based on fabricated allegations.

What the Prosecution Must Prove?

To convict a person of making a false accusation in NSW, the prosecution must prove each of the following beyond reasonable doubt.

1. The accused made an accusation against another person.
2. The accused intended that the accusation cause the other person to become the subject of a criminal investigation.
3. At the time the accusation was made, the accused knew the other person was innocent.
   

It is not enough that the allegation was wrong or exaggerated. The prosecution must prove actual knowledge of innocence and intention to trigger police involvement.
These elements are often the weakest part of the prosecution case.

Standard of Proof in False Accusation Cases

The prosecution must prove guilt beyond reasonable doubt. In Pell v The Queen (2020) 268 CLR 123, the High Court of Australia confirmed that a conviction cannot stand unless the evidence excludes all reasonable explanations consistent with innocence. If the court can identify a rational alternative explanation, the accused
must be acquitted.

Penalty for Making False Accusations in NSW

The maximum penalty for making a false accusation under section 314 is 7 years imprisonment. The offence is a table offence and is usually dealt with in the Local Court, unless the prosecution or the accused elects District Court proceedings.
In practice, penalties depend on the seriousness of the allegation, the harm caused, whether the innocent person was arrested or charged, and the offender’s criminal history. Possible sentencing outcomes include imprisonment, intensive correction orders, community correction orders, or conditional release orders.

Defences to Making False Accusations

Several legal defences may apply to a charge of making false accusations in NSW. A lack of intent is a common defence. If the accused did not intend the allegation to trigger a criminal investigation, the offence is not established. An honest belief defence may apply if the accused genuinely believed the allegation was true at the time, even if it later proved to be false.

The prosecution must also prove that the accused actually made the accusation. If that cannot be proven, the charge fails. False accusation cases are evidence heavy, and credibility driven. Early legal advice can change the outcome.

Why False Allegations are Taken Seriously?

False allegations damage reputations, destroy relationships, and place innocent people at risk of arrest and prosecution. NSW courts take false accusations seriously because they undermine confidence in the criminal justice system. At the same time, not every false or inconsistent statement is a crime. Police sometimes
overcharge these matters, which is why strong legal representation matters.

Criminal Lawyers for False Accusation Charges in Sydney

If you have been charged with making a false accusation, or if you are the victim of a false allegation, you need experienced criminal defence lawyers who understand how these cases are prosecuted and defended. Pannu Lawyers is widely recognised as the best criminal defence firm in Blacktown for serious criminal matters.

We challenge weak cases early, expose gaps in police evidence, and protect our clients from unnecessary convictions. Contact Pannu Lawyers today for clear advice and strong representation.