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Fabricating Evidence

What the law says

Sections 126 of the Criminal Code Queensland states:

  1. Any person who, with intent to mislead any tribunal in any judicial proceeding-
    • (a) fabricates evidence by any means other than perjury or counselling or procuring the commission of perjury; or
    • (b) knowingly makes use of such fabricated evidence;

is guilty of a crime.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  • (A) The accused:
    1. (1) with intent to mislead a tribunal;
    2. (2) fabricates evidence by means not perjury; or
  • (B) The accused:
    1. (1) with intent to mislead a tribunal:
    2. (2) Knowingly makes use of such fabricated evidence

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty for the offence of Fabricating Evidence is 7 years imprisonment.

Which court will hear the matter

This matter is indictable which means it is dealt with in the District Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. Identification i.e. Not the accused
  2. The accused did not intend to mislead a tribunal
  3. Did not knowingly make use of the fabricated evidence
  4. It was not a tribunal.

Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Fabricating Evidence matters)

 

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