This article will discuss sections 335 to 339 of the Crimes Act 1900 of New South Wales which covers the crimes of making false statements, entries, and instruments. Specifically, these sections provide the elements and penalties of the following crimes:
- False statements in evidence on commission;
- False entry on public register; and
- False instruments issued by public officers.
Moreover, we also outline some miscellaneous sections (340-343A) under the Crimes Act.
False Statements, Entries, and Instruments: Evidence on Commission
Section 335 states that making false statements in giving any testimony, whether orally or in writing, is punishable with imprisonment for five (5) years. The following are the elements of this crime:
- The giving of a testimony is a requirement by an order under section 33 of the Evidence on Commission Act 1995;
- The person makes a false statement in a material particular.
- The person does so knowing that the statement is false or not believing it to be true.
Section 33 of the Evidence on Commission Act NSW provides for the Power of the Supreme Court to give effect to application for assistance. Here, the Court may make an order for the following:
- for the examination of witnesses, either orally or in writing,
- for the production of documents,
- for the inspection, photographing, preservation, custody or detention of any property,
- for the taking of samples of any property and the carrying out of any experiments on or with any property,
- for the medical examination of any person,
- for the taking and testing of samples of blood from any person.
False Entry on Public Register and Issuing of False Instruments
Section 336 contemplates two situations:
- the making of an entry in any public register and
- the making of a statement for the making of an entry in a public register.
In these two situations, there are common elements that make up this crimes:
- the purpose of such act is for an improper purse
- the person performing such act knows the statement or entry to be false or misleading in a material particular.
Another crime related to this is the issuance of false instruments by a public officer under section 337. Here, the officer must have the authority to issue the instrument.
Moreover, the law also provides that the act of issuing such instrument will cause prejudice to any person. For a public officer to be liable under this section, they must have done this for an improper purpose and must have known that the instrument is false in a material particular.
The penalty for making false statements, entries, and instruments is imprisonment for 5 years.
False Statements, Entries, and Instruments: Restrictions on Prosecutions for Perjury
The general outline under Section 338 is on restrictions around prosecuting for perjury. A person may be prosecuted for making false statements, entries, and instruments:
- by the Director of Public Prosecutions, or
- at the direction of the Attorney-General, or
- by any other person with leave of the judicial officer who constituted the judicial tribunal before which the perjury is alleged to have been committed.
Note that if it is impossible or impracticable to apply for leave to prosecute in accordance with item (c) above, the prosecution may be instituted with leave of the Supreme Court. For a prosecution by the Director of Public Prosecutions, there must be notice of the proposed prosecution to the Director first.
Lastly, Section 339 of this Act states that "Any false oath declared by any Act to be perjury or made punishable as perjury by any Act is to be considered to be perjury for the purposes of this Act."
Miscellaneous Provisions
Sections 340 to 343A of the Crimes Act 1900 cover the miscellaneous provisions. Section 341 enumerates the common law offences abolished over the course of time:
- the offence of perverting the course of justice,
- the offence of attempting or conspiring to pervert the course of justice,
- the offence of falsely accusing a person of a crime or of procuring a person to falsely accuse a person of a crime,
- the offence of concealing evidence so that a person is falsely accused of a crime,
- the offence of attempting to pervert the course of justice by assisting a person to avoid arrest,
- the offence of persuading a person to make a false statement to police to mislead them in their investigation,
- the offence of procuring a person to make a false accusation,
- the offence of misprision of felony,
- the offence of compounding a felony,
- the offence of dissuading, intimidating or preventing, or attempting to dissuade, intimidate or prevent, a person who is bound to give evidence in a criminal matter from doing so,
- the offence of using threats or persuasion to witnesses to induce them not to appear or give evidence in courts of justice,
- the offence of perjury,
- the offence of embracery (attempting to corrupt, influence or instruct a jury or to induce a jury to favour one side more than the other),
- personating a juror.
Rules on Abolished Offences
Section 340 states that the common law offences that this Division abolishes are eliminated for all intents unrelated to offences committed before to the start Part 7 (public justice offences) of the Crimes Act (as replaced by the Crimes (Public Justice) Amendment Act 1990).
Additionally, section 342 of the Act is a reminder that the prosecution of an offence of conspiring to commit an offence under Part 7 remains possible despite the common law charge of conspiring to pervert the course of justice being abolished.
Section 343 also specifies which common law offences are not abolished. These are:
- the offence of escaping from lawful custody,
- the offence of assisting a person to escape from lawful custody,
- the offence of refusing to assist a peace officer in the execution of his or her duty in preventing a breach of the peace.
Finally, section 343A of the Act states that the above-mentioned provisions does not prevent or affect any other punishment, or any forfeiture, provided under any Act.
Get Help From a Trusted Criminal Defence Lawyer
If you're facing serious criminal charges in relation to making false statements, entries, and instruments, seek legal help immediately. Call our experienced criminal lawyers from JB Solicitors today for a confidential consultation.
Our legal team is well-versed in the intricacies of making false statements, entries, and instruments and we will tirelessly pursue a favourable resolution for you.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.