NSW Unknowingly Gave False Statements to Police - Consequences under Criminal Law?

[sarah1987]

Hi, so a couple months back, I got into a fight with my ex. After the fight I went to the police and made a statement. At the time I made the statement, I honestly believed he had kicked me.

I went back to add to the statement that I kicked him first (forgot to mention that in the first statement). Anyway about a month later after really thinking about it, I realised he didn't actually kick me. He raised his leg to protect himself and I just assumed he was going to kick me. He's now being charged with assault. I've contacted the police and told them I need to change the statement and I have an appointment to do so.

My question is, what are the legal ramifications under criminal law to me for making false statements if at the time I believed my statement to be true?

 

[Tracy B]

Hi Sarah1987,

It is common for people, especially victims or complainants, to have variations in their memories or think they remember something happening and then, after thinking about it later, realising it might not have happened. Memories can be unreliable and people often remember one thing after an event, then another version of the event later on when they've had some time to think about it.

You should contact the police and amend your statement. This is possible and happens regularly. Explain to the police which part of the statement you would like to retract or amend. The police will then rely on the new statement. You did not intend to mislead police, therefore, you have not made a false or dishonest statement.

Do not be too concerned.