A statutory declaration, affidavit or other verified statement that turns out to be false can lead to a criminal charge. Whether you knew it was false is the central question. Talk to Joseph Rahim about yours.
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The Criminal Code Act 1899 (Qld) has two main offences here.
It cannot be proved on the evidence of one witness alone without corroboration.
Making a declaration, including a statement or affidavit, before a person authorised to take it, that you know is false in a material detail, whether or not the declaration was required.
Pick the one closest to your situation and a chat opens with it already said. No forms, and you can call instead at any time.
Every matter is different, but most follow this order.
You may be asked to take part in an interview. You have the right to remain silent, but you must give your name and address when asked. Get advice before you say anything else.
You are charged and given a court date, sometimes on bail with conditions. Read the conditions carefully; breaching them is an offence.
Charges usually start in the Magistrates Court. For people charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street.
The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn. More serious charges can be sent to a higher court.
These offences need you to have known the detail was false. A genuine mistake raises a different question.
For a false verified statement, the prosecution does not have to prove you knew the false detail was material.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.
These offences need you to have known the detail was false. Whether that can be proved depends on the evidence.
It has to be material, but for a false verified statement you do not have to have known it was material.
Yes. It is free, confidential and comes with no obligation.
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0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
