Obtaining Licence etc. By False Statements

By Doogue + George Criminal Defence Lawyers


How Serious is “Obtaining Licence etc. By False Statements”? What’s the Maximum Penalty

The charge of “Obtaining Licence etc. By False Statements” has a maximum penalty of 2 months imprisonment or a fine of 10 penalty units, however this is not automatically imposed on everyone convicted of this charge. Courts typically consider giving these maximum penalties only for the worst examples of this offence. “Obtaining Licence etc. By False Statements” is considered a moderately serious criminal offence. As such, jurisdiction is primarily given to the Magistrates’ Court.

 

The legislation on “Obtaining Licence etc. By False Statements”

The relevant legislative provision for “Obtaining Licence etc. By False Statements” is section 71 of the Road Safety Act 1986. It states as follows:

                         

Obtaining Licence etc. By False Statements

 

A person who-

 

   (a)  by any false statement or any misrepresentation or other dishonest means obtains or attempts to obtain any licence, permit, log book or registration, or the renewal of any licence, permit or registration, or any certificate under this Act or any information to which section 92 applies; or

 

   (b)  without lawful authority or excuse possesses any licence, permit, log book or certificate so obtained-

 

is guilty of an offence and liable to a penalty of not more than 10 penalty units or to imprisonment for a term of not more than 2 months, and any licence, permit, log book or registration, or any certificate so obtained is void and of no effect.

 

Pleading guilty or not guilty to “Obtaining Licence etc. By False Statements” in a Melbourne Court

Deciding whether you should plead guilty or not guilty to a charge of “Obtaining Licence etc. By False Statements” is something that you should thoroughly discuss with a criminal defence solicitor. Legal issues carry heavy consequences that you need to be aware of prior to a court hearing. Speak with a criminal defence solicitor and get expert legal advice immediately.

 

Elements of the charge of “Obtaining Licence etc. By False Statements” in a Melbourne Court

The first element of this charge is that the defendant had a licence, permit, log book, registration, or had renewed the same at the time of the alleged offending. The defendant, however, must have possessed or renewed the documents through the defendant’s dishonest means or misrepresentations. It is also an element of this charge that the defendant had no lawful authority or excuse to possess the documents for the reasons that they came to the defendant’s possession through another person’s dishonest statements or misrepresentations.

 

Defending the charge of “Obtaining Licence etc. By False Statements” in a Melbourne Court

Defences that are often run in relation to this charge are factual dispute and absence of the required intent. The latter is often used in connection with honest and reasonable mistake of belief. Lawyers may consider other defences depending on the circumstances surrounding a case.

 

For more information on “Obtaining Licence etc. By False Statements”, you may visit the Doogue O’Brien George Melbourne Criminal Lawyers site (here).

 

Doogue O’Brien George Melbourne can provide you more detail about this

Our Head Office is at 5/221 Queen Street, Melbourne

Phone (03) 9670 5111 (24 hrs if you are in a Police Station)          

 

This article was written on Sep. 18, 2013 and relates to the law that stands at this time.

 



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