Perjury Lawyer's

Perjury is lying under oath or affirmation. At common law, it means knowingly making a false statement on oath or affirmation in a judicial proceeding, where the statement is material to that proceeding. Section 314 of the Crimes Act 1958 widens it. Knowingly making a false statement on an oath, affirmation or affidavit that an Act requires or allows is also perjury, and so is leaving out of an affidavit or affirmation something the law requires you to state.

The prosecution must prove beyond reasonable doubt that you made a false statement under oath, on affirmation or in an affidavit, and that you knew it was false or did not believe it was true. An honest mistake is not perjury, even an unreasonable one. Perjury also has its own corroboration rule, kept by section 164 of the Evidence Act 2008: if the prosecution relies on oral evidence to show the statement was false, it needs two witnesses, or one witness plus independent support.

Report it to Victoria Police, as you would any other crime. If the false evidence was given in a criminal case, the court itself can act. Under section 415 of the Criminal Procedure Act 2009, a court can direct that a person be tried for perjury if it appears they committed perjury in oral evidence before the court, or in an affidavit, deposition or examination made before it.

Yes. Perjury is a crime at common law and under section 314 of the Crimes Act 1958, and it is an indictable offence, the more serious category of offence. For an adult, a perjury charge goes to the County Court or the Supreme Court unless the Magistrates’ Court decides it. That court can hear perjury, but only if you consent and the magistrate considers the case suitable.

Lying under oath can lead to prison: section 314 of the Crimes Act 1958 sets a maximum of 15 years. A fine of up to 1,800 penalty units ($376,380) is also available, as well as or in place of prison. If the Magistrates’ Court decides the case, its limits are 2 years in prison and 500 penalty units ($104,550).

Yes. Under section 50 of the Oaths and Affirmations Act 2018, if you intentionally make a false statement under oath or affirmation, or in an affidavit, you are liable to the penalties of perjury. That applies to oaths and affidavits made under any Act, so it covers sworn evidence in civil cases as well as in criminal trials.

No. Knowingly making an untrue statement in a statutory declaration is a separate offence under section 36 of the Oaths and Affirmations Act 2018, not under the perjury section. The maximum is 600 penalty units ($125,460), 5 years in prison, or both. Lying in a report to police is a different offence again: making a false report to police.