Obtaining Licence By False Statements

Obtaining licence etc. by false statements is the sort of charge regularly heard in the Magistrates’ Court.

This charge is generally laid in situations where a person obtains a licence dishonestly.

In essence to prove this charge the Police must show that the person obtained or attempted to obtain a licence etc. by dishonest means or that a person who possesses a licence in such a manner did so without lawful authority.

Defences to this charge can include a factual dispute, a lack of intent, or an honest and reasonable mistake of fact.

You should ring us and discuss your case if you have been charged.

Deciding on whether to plead guilty or not has huge consequences for you and should be made after proper discussion with a criminal lawyer.

The penalty will be determined by the type of licence and the reason why it is necessary to use false statements ie if the person has been banned by the Court it will be a more serious example of the charge. But the maximum penalty that may be imposed by courts is a fine of 10 penalty units or 2 months imprisonment.

This legislation comes from section 71 of the Road Safety Act 1986.

Possible Defences

  • Factual Dispute and Concept of Beyond Reasonable Doubt
  • Charges are Statute Barred
  • Sudden or Extraordinary Emergency

Penalties

  • Deferral of Sentencing
  • Diversion
  • Without Conviction Order
  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order
  • Suspended Prison Sentence
  • Term of Imprisonment

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