Offence to Provide False or Misleading Information

The offence of providing false or misleading information is regularly heard in the Magistrates Court.

This charge is generally laid in situations where a person gives a statement to an enforcement official as to the person responsible for an offence involving a motor vehicle and the statement given includes false or misleading information.

In essence to prove this charge the Police must show that the accused gave a statement to an enforcement official in relation to the person responsible for an offence involving a motor vehicle and in giving the statement, the accused knowingly provided false or misleading information in that statement.

Defences to this can be a factual dispute, lack of intent or honest and reasonable mistake. A statutory defence may also be used related to section 84BI(2): a proceeding against (1) may be commenced not later than 24 months after the date on which the offence is alleged to have been committed.

Courts may impose a fine of 60 penalty units as a maximum penalty for this charge.

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

Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.

This is legislation that comes from section 84BI of the Road Safety Act 1986.

Possible Defences

  • Honest and Reasonable Mistake of Belief
  • Lack of Intent
  • 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

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