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:
- A person made a false statement; and
- The statement was on oath; and
- 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:
- Intention: If the person who made the false statement was not aware the statement was false, or did not intend to mislead the court.
- Honest and reasonable mistake: If the false statement was made based on an honest and reasonable mistake.
- 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.
- Duress: where a person is forced into making a false statement by other people.
