NSW What are the Consequences of Making False Statements?

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Mama3

Active Member
23 December 2016
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Hi!

I need help or information on what consequences I may face if I changed my statement (even if the police doesn't want to do anything) regarding some facts that I have mistaken from what really happen.

The defendant (my partner) has been charged of assault based on the statement I gave (which was partially false) and charged for damaged properties which wasn't intentional. The police doesn't want to make changes but I can't let him get charged for something he didn't do it. What can I do to make it right?

I'll accept the consequences of my mistakes.
 

Iamthelaw

Well-Known Member
13 September 2016
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794
Is it the case that you felt coerced into making the statement that you did?

You really should seek legal advice prior to proceeding further. It could be the case that your lawyer may draft a new statement and provide that to the police.

Your lawyer can also provide you with advice regarding the 'spousal privilege' contained in Section 18 of the Evidence Act whereby you may object to giving evidence against your partner (subject to the discretion of the judge in weighing up various factors).
 

Mama3

Active Member
23 December 2016
5
0
31
Thanks for your answer...but in reality, would I face jail time or fined if I lied about some facts for the reason that I was really angry at my partner for accidentally breaking my laptop after a small argument, so I kind of overexaggerated the situation and decided to call the cops to get back at him.

To top it off, I used the fact that I was pregnant to have favours and make me look like the innocent, when really I was just emotionally unstable due to hormones.
 

Mama3

Active Member
23 December 2016
5
0
31
To be honest, I'm devastated for what I've done but really didn't think it would have gone that far or that serious, my biggest mistake. I was so naive! So I would do anything to make it right !
 

sammy01

Well-Known Member
27 September 2015
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Don't attend court - just don't show. They will drop the charges. But go speak to a solicitor first.
 

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
Don't attend court - just don't show.

Really? lol

I would not advise doing this, it could potentially land you in a bit of trouble. Section 229 Criminal Procedure Act allows for a Magistrate to issue a warrant for the attendance of a witness to court (that is after you've already been issued with a subpoena).

Further to the above, you also run the (small) chance of the statement being admitted into evidence anyway (s65 Evidence Act).

OP - It's possible that charges could occur, but definitely not certain - That's why it's important to seek legal advice.
 
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