“I got caught speeding by a camera on the highway. Can you take the points for me?”
While this may seem like a simple enough question, the consequences for going along with such a request can be quite dire.
When a red light or speed camera offence is detected the registered owner of the vehicle is sent a notice which gives them the opportunity to nominate the driver of the vehicle at the time so the fine and demerit points allocation can be transferred to the appropriate person.
The procedure requires a statutory declaration be made under the Oaths Act 1867. If such a declaration is made falsely, Police may charge the declarer under the Criminal Code.
Section 194 relevantly provides:
A person who makes a declaration that the person knows is false in a material particular, whether or not the person is permitted or required by law to make the declaration, before a person authorised by law to take or receive declarations, commits a misdemeanour.
A declaration in the section includes a statement and an affidavit and the maximum penalty for making a false declaration is 3 years imprisonment.
Alternatively, if Police regard the matter as serious enough, they can charge the person making a false declaration with Attempting to pervert justice under section 140 of the Criminal Code which states:
A person who attempts to obstruct, prevent, pervert, or defeat the course of justice is guilty of a crime.
The maximum penalty for attempting to pervert justice is 7 years imprisonment.
Offences of this nature strike at the very heart of the justice system and are regarded similarly to perjury. For this reason, Courts tend to impose high penalties based on general deterrence.
A person charged and convicted of such an offence, in addition to incurring heavy penalties, perhaps including imprisonment, may also face further issues such as employment problems as the offences are dishonesty offences.
It is imperative that you contact a Lawyer and obtain advice at the earliest opportunity if any of the situations above arise. Contact one of our Criminal Lawyers at A.L.F. Lawyers on 3088 6161 and save yourself a lot of stress.
