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LYING ON A NSW STATUTORY DECLARATION: THE LAW

The criminal offence of lying on a NSW Statutory Declaration is a serious indictable offence that can have severe legal consequences and lead to imprisonment. Our award-winning criminal lawyers at Criminal Lawyers Group have been nationally recognised as the leading criminal lawyers in NSW for securing not guilty verdicts for clients who have been charged with the criminal offence of lying on a NSW Statutory Declaration.

If you or anyone you know have been accused or charged with the criminal offence of lying on a NSW Statutory Declaration, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.

WHAT IS A NSW STATUTORY DECLARATION?

A NSW Statutory Declaration is a written statement that a person swears, affirms or declares to be true in the presence of an authorised witness, such as a Justice of the Peace, Legal Practitioner or Notary Public. A NSW Statutory Declaration is available in the Eight Schedule and Ninth Schedule.

WHAT IS THE CRIMINAL OFFENCE OF LYING ON A NSW STATUTORY DECLARATION?

Section 25 of the Oaths Act 1900 (NSW) constitutes it a criminal offence to wilfully and corruptly make and subscribe a NSW Statutory Declaration that you know to be untrue in any material particular, in circumstances where the NSW Statutory Declaration is substituted in lieu of an oath or affidavit, or is directed or authorised to be made and subscribed.

WHAT IS THE PUNISHMENT FOR THE OFFENCE OF LYING ON A NSW STATUTORY DECLARATION?

Section 25 of the Oaths Act 1900 (NSW) provides for a maximum penalty of 5 years imprisonment for anyone convicted of the criminal offence of lying on a NSW Statutory Declaration. If there is a deriving or attempt to derive a material benefit as a consequence of the untrue particular, the penalty is increased to a maximum term of imprisonment of 7 years imprisonment, pursuant to Section 25A of the same Act.

It is important to note that there may be serious repercussions beyond those imposed by a Court for the conviction of the offence of lying on a NSW Statutory Declaration, including impacts on your career.

PREVALANCE OF LYING ON A NSW STATUTORY DECLARATION IN DEMERIT POINT SCAMS

Criminal Lawyers Group’s Principal and award-winning criminal lawyer Mr Steven Mercael recently addressed a legal seminar as the guest speaker on the prevalence of lying on a NSW Statutory Declaration. He shared his analysis that charges of the offence of lying on a NSW Statutory Declaration have often occurred in the context of demerit point scams. He noted that an attempt to avoid responsibility for a driving offence by committing the offence of lying on a NSW Statutory Declaration can lead to life-changing consequences.

It is important to note that separate to the offence of lying on a NSW Statutory Declaration, falsely nominating another driver is in fact a criminal offence under Section 188 of the Road Transport Act 2013 (NSW) and the legal repercussions are very serious. Anyone convicted of the offence of falsely nominating another driver may be left with a criminal record and liable for a fine up to $11,000 for an individual, or $22,000 for a company.

OUR PROVEN RESULTS

Our specialised criminal lawyers have a proven track record in securing Not Guilty verdicts and the Withdrawing of Charges for clients who have been charged with the criminal offence of lying on a NSW Statutory Declaration. Criminal Lawyers Group’s Principal and award-winning criminal lawyer Mr Steven Mercael recently represented a woman who was charged with the criminal offence of lying on a NSW Statutory Declaration and Mr Steven Mercael successfully argued that his client’s action was not wilful and corrupt and that the it was an immaterial and honest mistake. His client was found not guilty.

CONTACT CRIMINAL LAWYERS GROUP IMMEDIATELY

A conviction of the criminal offence of lying on a NSW Statutory Declaration can have serious legal consequences. It may also lead to lifelong ramifications in your career and personal life. Contact our specialist criminal lawyers at Criminal Lawyers Group immediately for a free consultation. Our expert criminal lawyers will comprehensively analyse your case, provide our high-quality representation and guide you through the full process as we secure you the best outcome.

 

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