Have you been Charged with Perjury?
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What does it mean to be Charged with Perjury?
A charge of perjury occurs when someone knowingly makes a false statement while under oath or affirmation, or in a sworn declaration or affidavit. According to Section 314 of the Crimes Act 1958 (“CA”), this act is considered a serious offense.
What must the prosecution Prove:
Section 314 of the CA outlines the elements that must be proven beyond a reasonable doubt for a charge of perjury to be established.
The prosecution must demonstrate the following:
- The prosecution must prove that you made a false statement
- By making a false assertion.
- By verifying an existing statement that is wholly or partly untrue.
- By omitting information that must be disclosed under an obligation.
To establish this element, the prosecution must show that you actually made the statement in question and that the statement was false. According to section 164(2) of the Evidence Act 2008, any evidence presented must be corroborated, meaning that there should be two witnesses supporting each other’s accounts, or additional documentation that supports the claim. Corroborating evidence must be independent of the evidence it supports and must confirm what that evidence is intended to prove. If the prosecution fails to provide corroborating evidence, the charge cannot be sustained.
2.The prosecution must also demonstrate that the false statement was made in prohibited circumstances.
This includes statements made under oath or affirmation, or through a declaration or affidavit, which must be administered lawfully. To be lawful, the statement must occur in the presence of an authorised person.
3.Finally, it must be proven that you made the statement knowingly, which encompasses the terms “wilfully and corruptly”.
The prosecution needs to show that the you either:
- Knew the statement was false, or
- Did not believe the statement was true when presenting it.
It’s important to note that if a person genuinely believed their statement was true at the time of making it, they cannot be charged with perjury, regardless of how unreasonable that belief might be. If someone makes a statement, they later find out is false, but honestly thought it was true when they made it, they would not be liable for perjury. In contrast, if another individual knowingly made a false statement, that person could be charged.
Punishment for Perjury:
Under Section 314(1) of the CA, the maximum penalty for wilful and corrupt perjury is 15 years imprisonment (Level 4).
However, such severe sentences are relatively uncommon. Depending on the circumstances of the case and the defendant’s representation, penalties can range from a community corrections order to an immediate custodial sentence.
Where will my case be heard?
Since perjury is classified as an indictable offense, charges are heard in the County Court. However, they can also be addressed summarily in the Magistrates Court dependent on the circumstances of your offence.
Factors and Defences to consider:
Why did you make the statement?
- Did you know the statement you made was false at the time of making it?
- What evidence d you have to suggest the statement was correct?
- What were the circumstances surrounding the offence?
Making a false statutory declaration is a separate offence under section 36 of the Oaths and Affirmations Act 2018.
Given the severity of perjury charges, contact an expert criminal lawyer for a tailored defence strategy that will aid you in your charges.
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What Should I Do Next?
A perjury charge can lead to significant penalties, including imprisonment if convicted. It’s crucial to seek legal counsel from an experienced criminal lawyer, such as those at MK Law, to ensure you receive the best possible representation. They can assist in preparing any potential defences and ensure you have adequate time to build your case effectively. Call 1800 130 120 for confidential expert advice tailored to your individual circumstances.
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