What is the status of a statement, prepared for the purpose of entering in court evidence under Criminal Law, if it can be shown to be false and misleading?
QLD Criminal Law - What is the Status of False Statements?
- Thread starter Raj Acharya
- Start date
Hi Raj
If a statement intended to be adduced in court as evidence is given to a police officer & the statement is proved to be false & misleading, the maker is guilty of an offence under section 137 of the Commonwealth Criminal Code ('CCC')
The information must be knowingly false & misleading or include an omission to include a certain matter or thing in a statement given to a Commonwealth officer (police) as evidence.
Absolute liability applies, meaning the maker will be liable to a penalty if the offence is proven (by police) beyond reasonable doubt that the accused made a false & misleading statement. The maximum penalty is 12 months imprisonment
It would be in a person's best interests to connect with a lawyer if these issues apply.
If a statement intended to be adduced in court as evidence is given to a police officer & the statement is proved to be false & misleading, the maker is guilty of an offence under section 137 of the Commonwealth Criminal Code ('CCC')
The information must be knowingly false & misleading or include an omission to include a certain matter or thing in a statement given to a Commonwealth officer (police) as evidence.
Absolute liability applies, meaning the maker will be liable to a penalty if the offence is proven (by police) beyond reasonable doubt that the accused made a false & misleading statement. The maximum penalty is 12 months imprisonment
It would be in a person's best interests to connect with a lawyer if these issues apply.
Morning Louise,
I thank you for responding to my query.
I seem to have mismanaged my response in the thread. In a nut shell, I believe that I can show that a constable of police submitted a written statement in a brief of evidence that contradicted certain points in a field recording. I had planned to examine him on these points at the hearing on 2nd Nov before the police prosecutor intercepted me in court asking for a meeting. He succeeded in getting me to plead to a lesser charge.
Now, I'm trying to understand the process to obtain a copy of a letter, supposedly mailed to the office of the solicitor with whom I'd consulted. I requested this copy from the prosecutor's office and received an unrelated response. The Lawyer at Legal Aid, who examined the brief of evidence given to me and wrote to the prosecutor suggesting that the case may amount to a waste of Court time says he never received any written response to it.
Your further contribution to this thread would be appreciated.
I thank you for responding to my query.
I seem to have mismanaged my response in the thread. In a nut shell, I believe that I can show that a constable of police submitted a written statement in a brief of evidence that contradicted certain points in a field recording. I had planned to examine him on these points at the hearing on 2nd Nov before the police prosecutor intercepted me in court asking for a meeting. He succeeded in getting me to plead to a lesser charge.
Now, I'm trying to understand the process to obtain a copy of a letter, supposedly mailed to the office of the solicitor with whom I'd consulted. I requested this copy from the prosecutor's office and received an unrelated response. The Lawyer at Legal Aid, who examined the brief of evidence given to me and wrote to the prosecutor suggesting that the case may amount to a waste of Court time says he never received any written response to it.
Your further contribution to this thread would be appreciated.
Hi Raj
Generally, in relation to documents intended to be adduced as evidence, the court will ask whether the evidence, (in your case, the letter referred to) that you are trying to introduce as evidence is relevant in deciding the issue before it. If the court finds that the evidence intended to be adduced is not relevant, it will be inadmissable.
During the application proceedings for a case to be heard by a court, the rules of disclosure apply to each party & their solicitors. This generally means that each party discloses documents relevant to the issue in dispute. In addition a court can order (if it believes that the document may be relevant to the issue) by subpoena, disclosure of documents depending on the complexity & nature of the case. This rule may not always include all documents though & is dependent upon each individual client's case.
Contact a lawyer for more specific advice in relation to your specific circumstances.
Disclaimer
Information provided is intended a as guide only & is not intended to be professional or expert advice. It should not be used as a basis for financial, legal or other decisions or the formation of a client/professional relationship between the correspondents. Accountability & responsibility is on the user/reader of this information in making any financial, legal or other decisions based on its' content.
Generally, in relation to documents intended to be adduced as evidence, the court will ask whether the evidence, (in your case, the letter referred to) that you are trying to introduce as evidence is relevant in deciding the issue before it. If the court finds that the evidence intended to be adduced is not relevant, it will be inadmissable.
During the application proceedings for a case to be heard by a court, the rules of disclosure apply to each party & their solicitors. This generally means that each party discloses documents relevant to the issue in dispute. In addition a court can order (if it believes that the document may be relevant to the issue) by subpoena, disclosure of documents depending on the complexity & nature of the case. This rule may not always include all documents though & is dependent upon each individual client's case.
Contact a lawyer for more specific advice in relation to your specific circumstances.
Disclaimer
Information provided is intended a as guide only & is not intended to be professional or expert advice. It should not be used as a basis for financial, legal or other decisions or the formation of a client/professional relationship between the correspondents. Accountability & responsibility is on the user/reader of this information in making any financial, legal or other decisions based on its' content.
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