NSW What are the Consequences of Making False Statements?

[Mama3]

Hi!

I need help or information on what consequences I may face if I changed my statement (even if the police doesn't want to do anything) regarding some facts that I have mistaken from what really happen.

The defendant (my partner) has been charged of assault based on the statement I gave (which was partially false) and charged for damaged properties which wasn't intentional. The police doesn't want to make changes but I can't let him get charged for something he didn't do it. What can I do to make it right?

I'll accept the consequences of my mistakes.

 

[Iamthelaw]

Is it the case that you felt coerced into making the statement that you did?

You really should seek legal advice prior to proceeding further. It could be the case that your lawyer may draft a new statement and provide that to the police.

Your lawyer can also provide you with advice regarding the 'spousal privilege' contained in Section 18 of the Evidence Act whereby you may object to giving evidence against your partner (subject to the discretion of the judge in weighing up various factors).

 

[Mama3]

Thanks for your answer...but in reality, would I face jail time or fined if I lied about some facts for the reason that I was really angry at my partner for accidentally breaking my laptop after a small argument, so I kind of overexaggerated the situation and decided to call the cops to get back at him.

To top it off, I used the fact that I was pregnant to have favours and make me look like the innocent, when really I was just emotionally unstable due to hormones.

 

[Mama3]

To be honest, I'm devastated for what I've done but really didn't think it would have gone that far or that serious, my biggest mistake. I was so naive! So I would do anything to make it right !

 

[sammy01]

Don't attend court - just don't show. They will drop the charges. But go speak to a solicitor first.

 

[Mama3]

don't attend court - just don't show. They will drop the charges. But go speak to a solicitor first.

Wouldn't they keep charges against him anyway? And if I don't attend the court will they arrest me?

 

[Iamthelaw]

Don't attend court - just don't show.

Really? lol

I would not advise doing this, it could potentially land you in a bit of trouble. Section 229 Criminal Procedure Act allows for a Magistrate to issue a warrant for the attendance of a witness to court (that is after you've already been issued with a subpoena).

Further to the above, you also run the (small) chance of the statement being admitted into evidence anyway (s65 Evidence Act).

OP - It's possible that charges could occur, but definitely not certain - That's why it's important to seek legal advice.

 

[Mama3]

Thanks...will definitely try again to get legal advice.