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.

To prove this offence, the police need only show the court beyond a reasonable doubt that the accused acted with intent to mislead a tribunal, fabricates evidence by means not perjury or that the accused acted with intent to mislead a tribunal and knowingly makes use of such fabricated evidence.

The defences available to this crime is identification (that it was not the accused), that the accused did not intent to mislead a tribunal, that the accused did not knowingly make use of the fabricated evidence or that it was not a tribunal.

The maximum penalty for this crime is 7 years imprisonment. That’s why you need to talk to one our experienced lawyers now to ensure you are given the right advice.