LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Minor Charged for Making False Statements - What to Do?

Discussion in 'Criminal Law Forum' started by Rebecca.R, 1 January 2016.

  1. Rebecca.R

    Rebecca.R Member

    Joined:
    1 January 2016
    Messages:
    2
    Likes Received:
    0
    A minor - a 15-year-old who was in my care at the time was somewhat put on the spot into falsifying a statement to Police which gave weighing evidence to my own false statements. The young person was a witness to me setting up a 'break in' in my home and did not wish to be involved nor interviewed by Police, but he was put on the spot and pressured into giving a statement when Police arrived. Under Criminal Law, will the young person's statement be presumed 'under duress' at the hearing?

    A person has been arrested and charged. I am incredibly remorseful and concerned about the impact my actions have caused and wish I had not involved the young person or created any of this at all. All attempts were made soon afterwards to tell Police both statements were falsified.

    The young person did not want to incriminate me as his carer and lose me to a Psychiatric setting. I am mentally unwell (Borderline, Paranoid Delusional and Bi Polar1). At the time of making the statement, I had been manic without knowing so. I have begun treatment with Psychiatrist and antipsychotic medication.
     
  2. JS79

    JS79 Well-Known Member

    Joined:
    2 October 2015
    Messages:
    307
    Likes Received:
    35
    You will need to make sure that the police and court know that you made false statements as you do not want to be charged with perjury. It would be a good idea to get a statement from your psychiatrist to let them know that you were in a mentally unfit state at the time of the incident
     
    Rebecca.R likes this.
  3. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    334
    In order to invoke a criminal defence such as duress you need to establish that the minor's actions were performed due to threats (express or implied) of death or really serious injury to [himself/herself/dependants] being threats of such a nature that a person of ordinary firmness and strength of will, that is, a person of the same maturity and sex as [the accused], and in [the minor's] position, would have yielded to them.

    Based on what you have said, I doubt that you would be able to establish that sort of defence.
     
    Rebecca.R likes this.
  4. Rebecca.R

    Rebecca.R Member

    Joined:
    1 January 2016
    Messages:
    2
    Likes Received:
    0
    Thank you. The young person was concerned, scared and totally confused at the time. The police are aware we have made false statements. I believe the law has a loophole here with regards to mental health. The accused person was released prior to the hearing as I gave the prosecutor documents which proved it was a staged a break in and lied - there was more than one witness. I will not go further into my offence as I am now being rightfully punished.
     

Share This Page

Loading...