Furnishing False or Misleading Information (Sex Offender Registry)

By Doogue + George Criminal Defence Lawyers

 

The Maximum Penalty for Furnishing False or Misleading Information (Sex Offender Registry) in Melbourne – How serious is this charge?

There is a maximum penalty of 240 penalty units or 2 years of imprisonment for anyone found guilty of the charge of Furnishing False or Misleading Information (Sex Offender Registry). This is a very serious offence that may lead to a variety of penalties. This charge is heard before a Magistrate in the Magistrates’ Court.

 The legislation on Furnishing False or Misleading Information (Sex Offender Registry)

Section 46 of the Sex Offenders Registration Act 2004 is the relevant law for Furnishing False or Misleading Information (Sex Offender Registry) and is as follows:

Offence of Failing to Comply With Reporting Obligations

(1) A registrable offender must not fail to comply with any of his or her reporting obligations without a reasonable excuse.

 Penalty: Level 6 imprisonment (5 years maximum).

 

(2) In determining whether a person had a reasonable excuse for failing to comply with his or her reporting obligations, the court before which the proceedings are being heard is to have regard to the following matters-

   (a)  the person's age; and

   (b)  whether the person has a disability that affects the person's ability to understand, or to comply with, those obligations; and

   (c)  whether the form of notification given to the registrable offender as to his or her obligations was adequate to inform him or her of those obligations, having regard to the offender's circumstances; and

   (d)  any other matter the court considers appropriate.

 

(3) It is a defence to proceedings for an offence of failing to comply with a reporting obligation if it is established by or on behalf of the person charged with the offence that, at the time the offence is alleged to have occurred, the person had not received notice, and was otherwise unaware, of the obligation.

 

Pleading guilty or not guilty to Furnishing False or Misleading Information (Sex Offender Registry) in a Melbourne Court

Deciding on whether to plead guilty or not to Furnishing False or Misleading Information (Sex Offender Registry) has important implications for you and should be made after proper discussions with a criminal defence solicitor. If you are found guilty, there could be severe consequences.

 

Elements of the charge of Furnishing False or Misleading Information (Sex Offender Registry) in a Melbourne Court

The Prosecution must show that the defendant provided information. The information should be false or misleading and the defendant should be aware of this quality of the information.

 

Defending the charge of Furnishing False or Misleading Information (Sex Offender Registry) in a Melbourne Court

Defences that are often run in relation to these charges involve honest and reasonable mistake of belief and lack of intent. In many cases, a defendant actually misunderstood a question by a police officer and eventually provided a different answer to the question. The defendant may have also not been aware that the information provided is actually false or misleading

                                                                                                                                            

For more information on Furnishing False or Misleading Information (Sex Offender Registry), you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here).

 

Doogue & O’Brien 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)

http://www.criminal-lawyers.com.au/about-us/melbourne-criminal-lawyers

                                                                                                                      

This article was written on Aug. 18, 2012 and relates to the law that it stands at this time.



Findlaw

We welcome your feedback

Hi there! We want to make this site as good as it can for you, the user. Please tell us what you would like to do differently and we will do our best to accommodate!

   
Protected by FormShield


 
 
We've updated our Privacy Statement, before you continue. please read our new Privacy Statement and familiarise yourself with the terms.