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Woman to avoid jail for false domestic violence allegations – Crime



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A woman who made numerous false allegations of domestic violence
against her boyfriend has pleaded guilty to five perjury
charges.

21-year-old Makaela Bacon contacted police throughout 2020 which
resulted in Bryce Cadby, who only has the use of half of his body,
being arrested twice.

She claimed that he sexually assaulted her, attacked her with a
weapon and threatened to kill her.

The case has been adjourned to 13 September for a pre-sentence
report to determine her suitability for a Community Corrections
Order, which she can serve in the community.

False Domestic Violence Charges

The court heard that Ms Bacon told police that while she was at
Cadby’s house, she refused to take things further sexually with
him.

She claimed that he then dragged her upstairs and sexually
assaulted her. Sentencing statistics for the offence of
sexual intercourse without consent
show that a term of
full-time gaol is almost always imposed.

It was alleged that he placed his hands around her neck and
shortly afterwards she blacked out.

At a later date, she made a more detailed police statement.
There, Bacon stated that her boyfriend pushed her down a set of
stairs after she had told him she wanted to take a break from the
relationship.

In total, Bacon made eight separate false police reports between
February and March 2020.

However, officers became suspicious about her story after she
provided them with text message screenshots. She claimed the
messages were from her boyfriend and set out the alleged sexual
assault.

Police noticed inconsistencies and were able to ascertain that
Bacon had sent the text messages to herself using a fake
account.

She was subsequently charged with the offence
of perjury
after officers determined that she had made false
domestic violence allegations.

Mental Health Condition Raised

Makaela Bacon’s criminal lawyer told the court that she was
remorseful and that the offending was due to her mental health
condition. It was suggested that she was “clearly was not
thinking things through in a calm and measured way.”

However, the prosecution noted that the offender’s actions
were premeditated, harmful to the man and caused the diversion of
important police resources on multiple occasions.

It was argued that Bacon was now engaged in mental health
treatment and was no longer a risk to the community. This, along
with the mental health considerations formed the basis for the
request for a sentence other than full time imprisonment.

Judge Peter Rozen ordered a pre-sentence report to assess
Bacon’s suitability for a community corrections order. If this
was imposed she would avoid jail.

The matter returns to court for sentencing on 13 September.

Perjury Charges

Perjury is the offence of knowingly making a false statement on
oath in connection with any judicial proceeding. It is contained in

Section 327 of the Crimes Act 1900
.

The false statement can be made in oral evidence or in
writing.

To prove perjury, the prosecution must prove beyond reasonable
doubt that:

  1. A person made a false statement; and

  2. The statement was on oath; and

  3. The statement was in connection with a judicial
    proceeding.

If any of these elements are not made out, then the person will
be found ‘not guilty’.

The maximum punishment for perjury is 10 years’
imprisonment.

Lawyers
for domestic violence
charges note that allegations of perjury
commonly occur in these types of cases. However, it has
historically been difficult to prove. Authorities today are far
better equipped to catch these offences. This is because advances
in technology and the movement to online systems allow tracking of
persons.

Despite this there have been a number of recent examples of
serious charges being dismissed after an accused retains
leading criminal lawyers
. Call Astor Legal on (02) 7804 2823.
Or, you can email info@astorlegal.com.au.

The following are defences to perjury:

  1. Intention: If the person who made the false statement was not
    aware the statement was false, or did not intend to mislead the
    court.

  2. Honest and reasonable mistake: If the false statement was made
    based on an honest and reasonable mistake.

  3. The statement was not material to the proceedings: It is a
    defence if the false statement was not material to the proceeding.
    This means that the outcome of the case was not affected by the
    statement.

  4. Duress: where a person is forced into making a false statement
    by other people.

POPULAR ARTICLES ON: Criminal Law from Australia

Defence of Intoxication

Doogue + George Defence Lawyers

If you were intoxicated when you committed an offence, it may be relevant to your case.



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