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Crimes Act 1961

Crimes affecting the administration of law and justice - Misleading justice

115: Conspiring to bring false accusation

You could also call this:

"Plotting to wrongly accuse someone of a crime is against the law"

If you plan to falsely accuse someone of a crime, knowing they are innocent, you can get in trouble. You could go to prison for up to 14 years if the person you falsely accused might have received a long prison sentence or preventive detention. You might go to prison for up to 7 years if the person you falsely accused might have received a shorter prison sentence.

If you work with others to falsely accuse someone, you are also committing a crime. You can be sentenced to prison, depending on how severe the punishment would have been for the person you falsely accused. The law says you can go to prison for a certain number of years, depending on the situation.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329003.

Topics:
Crime and justice > Criminal law
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114: Use of purported affidavit or declaration, or

"Using fake sworn statements or declarations can get you in big trouble with the law."

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116: Conspiring to defeat justice, or

"Plotting to stop the law from working fairly"

Part 6Crimes affecting the administration of law and justice
Misleading justice

115Conspiring to bring false accusation

  1. Every one who conspires to prosecute any person for any alleged offence, knowing that person to be innocent thereof, is liable—

  2. to imprisonment for a term not exceeding 14 years if that person might, on conviction of the alleged offence, be sentenced to preventive detention, or to imprisonment for a term of 3 years or more:
    1. to imprisonment for a term not exceeding 7 years if that person might, on conviction of the alleged offence, be sentenced to imprisonment for a term less than 3 years.

      Compare
      • 1908 No 32 s 136
      Notes
      • Section 115(a): amended, on , by section 3(4) of the Abolition of the Death Penalty Act 1989 (1989 No 119).