Making False Reports to Police Offences & Defences NSW

Share This Article

Array

Sahar Adatia and Jimmy Singh.

We’ve all done it – made up some outrageous excuse to get out of work.

Indeed, there’s no denying some of us hate our jobs.

But then there’s this guy – a man in Arizona so desperate to get out of work that he went to the extreme length of staging his own kidnapping, hands bound, mouth gagged and all.

Brandon Soules, 19, was found with his hands tied up with a belt behind his back and a bandanna stuffed in his mouth lying next to a water tower in Coolidge city outside Phoenix on 10 February 2021.

Police officers had responded to a call describing an injured man dumped at the water tower.

Mr Soules relayed to authorities that two masked men had kidnapped him from his home upon returning from running an errand that morning.

The abductors then apparently hit him on the head and knocked him unconscious, then drove him around before dumping him in Coolidge, according to Mr Soules.

Fattening up the false report, Mr Soules also told authorities he believed he was abducted because of a large amount of money he had that was left to him by his father and hidden somewhere in the desert.

The only problem for Mr Soules was indeed that while detectives initiated an investigation and continued for days to match any evidence they could find to his detailed account by looking at surveillance footage of the area, interviewing locals, even scouring his phone details, they simply could not find anything to suggest the kidnapping occurred.

Mr Soules Confesses in Police Interview Story Was Fabricated to “Get Out of Work”

Ultimately, after no evidence on hand to corroborate Mr Boules’ story despite an extensive investigation conducted by Coolidge detectives, police concluded the investigation on the basis that “his story was fabricated and no kidnapping or assault occurred”.

In an interview with authorities, Mr Soules then said that he made up the story in order to get out of work.

He was arrested on February 17 on suspicion of false reporting to police.

The following day at his sentencing hearing, Mr Soules pleaded guilty to false reporting.

He was ordered to pay a fine of £388 ($550) for the offence.

Mr Soules used to work at a car shop called the Tire Factory.

As one would expect, he has since been fired.

Table Of Contents

Making False Reports to Police Offences & Defences NSW

When it comes to criminal activity, the police heavily rely on information given by the public to aid investigations.

Indeed, the information a person provides to police regarding criminal activity is treated very seriously, particularly as it tends to instigate criminal investigations that often require the expenditure of resources.

As such, to make a false statement to police is a criminal offence.

In NSW, this offence is also referred to as “public mischief” and is explained in section 547B of the Crimes Act 1990.

The law prescribes up to 12-month imprisonment or $5,500 fine or both for knowingly making a false representation to a police officer if it’s a false claim that an act either has been, or will be, done, and if it calls for an investigation by police.

In fact, you can even be charged for an offence of public mischief if you simply make a representation to another person who isn’t a police officer and that person goes on to tell the police. This carries the same maximum penalties.

Some defences to this charge can include duress or necessity, if the claim was honestly made, or if any one of the mental health defences apply.

In addition, section 314 of the Crimes Act 1900 (NSW) prescribes up to 7-years imprisonment for making a false accusation, where the accusation was intended to result in an investigation of an offence and the maker of it also knew that the person accused is innocent.

Relevant to AVO proceedings, it is also a crime carrying up to one years imprisonment or $1,100 fine, or both for making a statement, if that statement was make knowing it was false or misleading and if that statement was made to a Magistrate or Registrar of a NSW Court for the purposes of making an AVO application. This is outlined specifically in section 49A of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).

Reader’s Digest Posts Some of the Most Ridiculous Excuses Used by Employees to Get Out of Work in 2020 – A Few Of Our Favourites…

There are some days when you just don’t feel like going to the office.

Alas, it isn’t so easy to say that to your boss.

Last year, Reader’s Digest posted some of the most ridiculous excuses used by employees to get out of work in 2020.

Here are some of our favourites – terrible liars or creative geniuses? You decide…

An employee couldn’t come in because his llama wouldn’t stop barfing
An employee called in sick because he ate cat food instead of tuna and was deathly ill
An employee’s wife found out he was cheating, and he had to spend the day retrieving his belongings from the dumpster
An employee broke his arm reaching to grab a falling sandwich
An employee had to attend the funeral of his wife’s cousin’s pet, because he was an uncle and pallbearer
An employee’s dead grandmother was being exhumed for a police investigation.
An employee said that someone glued her doors and windows shut so she couldn’t leave the house to come to work
An employee said she was bitten by a duck
An employee forgot he had been hired for the job
An employee called in sick from a bar at 5:00pm the night before

Questions? Get in touch with our experienced criminal lawyers Parramatta branch today.

Published on 05/05/2021