THE CRIMINAL OFFENCE OF LYING ON A NSW STAT DEC
The criminal offence of making a false NSW Statutory Declaration is a serious indictable offence that can have severe consequences, including imprisonment. Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing the best outcomes for clients who have been charged with the criminal offence of making a false NSW Statutory Declaration.
If you or anyone you know have been accused or charged with the criminal offence of making a false NSW Statutory Declaration, contact our award-winning team of specialised criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
WHAT IS THE CRIMINAL OFFENCE OF MAKING A FALSE NSW STATUTORY DECLARATION?
Section 25 of the Oaths Act 1900 (NSW) makes it a criminal offence for a person to wilfully and corruptly make and subscribe a NSW Statutory Declaration that they know to be untrue in any material particular.
The offence is commonly committed in circumstances where people seek to transfer a traffic offence to from one person to another. However, making a false statutory declaration to do so no longer remains a traffic matter, but rather becomes a criminal matter.
WHAT IS THE PENALTY FOR MAKING A FALSE NSW STATUTORY DECLARATION?
Section 25 of the Oaths Act 1900 (NSW) prescribes a maximum penalty of 5 years imprisonment for anyone convicted of the criminal offence of making a false NSW Statutory Declaration.
Other penalties available for a conviction of the criminal offence of making a false NSW Statutory Declaration include an Intensive Corrections Order (ICO), Community Corrections Order (CCO), Conditional Release Order (CRO) Without Conviction and a Fine.
If the matter is finalised in the Local Court, the maximum penalty available to the Court is 2 years imprisonment.
FALSE DECLARATION FOR MATERIAL BENEFIT
Section 25A of the Oaths Act 1900 (NSW) prescribes a maximum penalty of 7 years imprisonment for anyone convicted of the criminal offence of making a false NSW Statutory Declaration and who derives or attempts to derive a material benefit as a consequence of the untrue particular.
If the matter is finalised in the Local Court, the maximum penalty available to the Court is 2 years imprisonment.
CAN I GET BAIL FOR A CHARGE OF MAKING A FALSE NSW STATUTORY DECLARATION?
Yes, obtaining bail on a charge of making a false NSW Statutory Declaration is almost a certainty. Our expert bail lawyers at Criminal Lawyers Group were awarded the best law firm in Australia for securing bail for our clients who have been charged with serious criminal offences, including making a false NSW Statutory Declaration.
DEFENCES TO A CHARGE OF MAKING A FALSE NSW STATUTORY DECLARATION
Defences available to a person charged with the criminal offence of making a false NSW Statutory Declaration include, but are not limited to:
- Falsehood was a genuine error and not done wilfully.
- Committed under Duress.
- Committed due to Necessity.
- Insanity or Mental Illness.
Contact Criminal Lawyers Group now for a free assessment of the defences available to you.
MR MERCAEL SECURES ACQUITTAL FOR CLIENT CHARGED WITH LYING ON A NSW STAT DEC
Mr Steven Mercael, Principal and award-winning criminal lawyer at Criminal Lawyers Group, secured another Not Guilty verdict for a client who had been charged with the criminal offence of lying on a NSW Statutory Declaration as part of a property dispute.
Mr Mercael successfully argued that his client had filled the entire NSW Stat Dec in good faith and that his client did not wilfully lie, but rather made a genuine error.
This result is among the latest of a continuous record of successful Not Guilty verdicts achieved by Mr Mercael and Criminal Lawyers Group, who were recently awarded the titles of Best Criminal Lawyers in Sydney and NSW.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with the criminal offence of making a false NSW Statutory Declaration, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.
Our award-winning team of criminal law experts are nationally recognised for securing not guilty verdicts, bail and the withdrawal of charges for our clients across NSW who have been charged with the criminal offence of making a false NSW Statutory Declaration.