Section 314 - Making a False Accusation

December 8, 2022

Under section 314 of the Crimes Act of 1900, making a false accusation is punishable by up to seven years in jail.


In order to establish an offence, the prosecution must prove certain facts beyond a reasonable doubt, and a defendant is entitled to an acquittal if they are unable to do so.


There are also a variety of legal defences available to defendants in court for the offence.




What is the Crime of Falsely Accusing Someone?


A false accusation constitutes a crime under section 314 of the Crimes Act of 1900.


According to the statute, a person is guilty of the offence if he or she:


  • Makes a charge against another individual,
  • Intents by doing so to subject the other individual to a criminal probe, and
  • Knows that the other individual is innocent of the crime.



What are the Consequences?


The maximum prison sentence for making a false accusation is seven years.


It is essential to note, however, that this is the maximum sentence that can be imposed, and that the court may impose any of the following punishments for the offence:


  • Section 10 Dismissal
  • Order for Conditional Release
  • Fine
  • Order for Community Corrections
  • Intensive Corrective Measures
  • A shorter sentence



What Must the Prosecution Establish?


For a person to be found guilty of making a false accusation, the prosecution must prove beyond a reasonable doubt each of the following "elements" (or ingredients):


  • The defendant made a charge against a third party,
  • By doing so, the defendant meant to subject the other person to an investigation.
  • False allegations were made against the opposite party, and
  • The defendant was aware that the accused was innocent.


If the prosecution cannot establish each of these factors to the required standard, it will fail.



What are the Protections?


In addition to proving each element of the crime, the prosecution must additionally refute the following defences if they are properly raised:


  • Under duress, you were threatened or compelled.
  • Necessity, if the conduct was required to avert danger, and Provocation.
  • Self-defence is the use of force to defend oneself or another.


It must debunk such arguments beyond any reasonable doubt.



Your Court Options



Admitting No Guilt


Before you can be convicted of making a false accusation, the prosecution must establish beyond a reasonable doubt the following:


  • You made a charge against another individual,
  • By doing so, you meant to submit the other person to an investigation for an offence, and
  • You were aware that the other party was innocent of the crime.


There are numerous strategies to defend against false accusations, including the following:


  • The prosecution cannot establish that you brought an accusation against someone else.
  • The prosecution cannot prove that you intended for the other individual to be subject to a formal investigation.
  • The prosecution cannot prove you knew the other person was innocent of the crime or that you knew the other person was innocent.
  • You have a valid legal defence that cannot be disproven beyond a reasonable doubt by the prosecution.


If any of these circumstances prevail, you must be judged not guilty.


A competent attorney will be able to submit written arguments to the prosecution in an effort to have the charge against you dropped, or seek to have it dismissed if the matter advances to a defence hearing or trial.



Admitting Guilt


If the evidence presented by the prosecution is particularly compelling, you may elect to enter a guilty plea.


In such a case, your attorney may be able to negotiate the police's "facts" to lessen the severity of the crime.


Your attorney can also advise you on how to get papers that can be presented to the court during your sentencing, such as an apology letter, character references, and any documentation from counsellors or medical specialists you have consulted.


Together with your attorney's strong oral arguments in court, these materials can help ensure that you receive the most merciful sentence feasible under the circumstances.


By admitting guilty at an early stage, you will also be eligible for a 'discount' of up to 25% on your sentence, which can result in a less severe sort of punishment, such as a section 10 dismissal or a conditional release order, as opposed to a more severe penalty.


You will also save the time, expense, and stress of a hearing or trial in which you are the defendant.