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My son lied to a police officer , he gave a false name for

 
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  • Answered by:Sydney-Lawyer
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Customer Question

My son lied to a police officer , he gave a false name for a friend he was with because the friend asked him to as he had warrants out for his arrest. My son now has a subpoena to go to court for lying to the police is this a criminal or civil offence and what punitive action can they take ?

 

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State or Territory: New South Wales
What have you tried so far?: Nothing , we just got the court notice now , my son said he was not charged with anything his friend was taken away and my son was told to leave . He got in his car and left.

Submitted: 284 days and 11 hours ago.
Category: Australia Law
Value: AU$93
Status: CLOSED
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Expert:  Sydney-Lawyer replied 284 days and 11 hours ago.

Good Afternoon,


Lying to the police is a criminal offence and I am surprised by receiving the discipline another summons to appear with charges.

Can you look at the subpoena and ascertain whether it is to give evidence or to appear to face charges?

Customer replied 284 days and 11 hours ago.

It is a court attendence notice says required to attend and lists my son as the defendent.

It has a number that is H49814755 - it doesnt say whether he is to give evidence or face charges but it states his name as the defendent.

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Expert:  Sydney-Lawyer replied 284 days and 11 hours ago.

Good Afternoon,


Are you able to tell me what the charge is? the actual section and the act under which he is charged?

Customer replied 284 days and 10 hours ago.

Section 1 Responsible person custodian not disclose drivers identity.

Act Roads Transport (general) Act 2005 section 173 1a


2. Furnish false information Act -road transport and safety management regulation 1999

Section 159


3. Not inspect drivers licence same act - section 90 1

Accepted Answer

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Expert:  Sydney-Lawyer replied 284 days and 10 hours ago.

Good Afternoon


the first one has a maximum penalty of $2,200 fine. The link is below.

http://www.austlii.edu.au/au/legis/nsw/consol_act/rta2005242/s173.html

The Second has a maximum fine of $220.00. The Link is below.

http://www.austlii.edu.au/au/legis/nsw/consol_reg/rtatmr1999503/s159.html

The third is also $220.00 fine

http://www.austlii.edu.au/au/legis/nsw/consol_reg/rtatmr1999503/s90.html

These are maximums. The Court can impose a lesser fine.

They are not minor offences and he should be represented so that he puts forward the best case. He will have to plead guilty and the aim is to get a minimum fine.

You should contact the Law Society of New South Wales and get a referral to a solicitor the practices in criminal law.

Their website is as follows

http://www.lawsociety.com.au/

I hope this is of assistance. If you have any other questions please not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

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I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.


Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16927
Answered: 8/4/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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