When giving evidence before a Court, you are required to swear an oath or affirmation to tell the truth. The offence of perjury is when you make a false statement whilst being subject to this oath or affirmation. If you have been charged with perjury, contact our team at Jackson John Defence Lawyers for expert guidance on your best way forward.
The Law
Under section 327 of the Crimes Act 1900 (NSW), any person who in or in connection with any judicial proceeding makes any false statement on oath or affirmation concerning any matter which is material to the proceeding, knowing the statement to be false or not believing it to be true, is guilty of perjury.
Some examples of conduct that may amount to perjury include:
What Must be Proven?
To convict someone of perjury, the Prosecution must prove beyond reasonable doubt that:
Under the Crimes Act 1900 (NSW), a ‘judicial proceeding’ refers to a proceeding in which a judicial tribunal can take evidence under oath or affirmation. The determination of if a statement is considered ‘material to the proceedings’ is a question of law to be determined by the Court.
What are the Penalties?
The maximum penalty for the offence of perjury is 10 years imprisonment. This penalty increases to 14 years imprisonment if the perjury was committed with intent to secure an acquittal or conviction. However, it is important to bear in mind that this the maximum penalty, and as such the type of penalties vary greatly.
The Court may consider sentencing you to one or more of the following:
There are three types of section 10 penalties, including:
A section 10(1)(a) bond is a finding of guilt, but the Court does not record a conviction. A bond such as this is usually only given where you have a clear criminal and/or driving record, your offending behaviour is minor, there is little chance of you offending again, and there were mitigating factors that led to the offending. Even if these facts apply to your case, there is no guarantee you will get this type of penalty. However, cogent subjective material and robust submissions on your behalf can be very persuasive to the Court.
A section 10(1)(c) bond involves a finding of guilt, a conviction is recorded, and you can be referred to an intervention program.
A section 10A penalty involves a finding of guilt and a conviction is recorded, but no further action is taken.
A CRO is a sentence which allows you to remain in the community, but you are supervised by Community Corrections. The Court can decide whether or not to record a conviction. The maximum term of the CRO is two years and may involve conditions such as to be not consume alcohol for the period of the bond. If you breach a CRO, you will be brought before the Magistrate that sentenced you and potentially be re-sentenced to a more serious penalty.
A CCO is another type of sentence which allows you to remain in the community, but you are supervised by Community Corrections. It typically involves more onerous conditions than a CRO and you will receive a conviction. If you breach a CCO, you will be brought before the Magistrate that sentenced you and potentially be re-sentenced to a more serious penalty.
If the Court is satisfied that imprisonment is warranted, it can order that you serve the term of imprisonment in the community while subject to the supervision of Community Corrections and conditions such as community service, curfew, or rehabilitation. If you breach an ICO, the Parole Board will determine whether to order you serve the remainder of the period in full-time custody. This is because an ICO is a sentence of imprisonment ordered to be served in the community.
This offence carries maximum penalty of ten years imprisonment, depending on the factual circumstances of the offending. However, full-time imprisonment is only reserved for the most serious matters.
What are the Possible Defences?
Duress involves circumstances where you have been forced to commit a crime against your will, whether it be by way of threat, intimidation, or some other form of coercion. The threat must be so serious that it would have caused an ordinary person of like firmness in your situation to act in the same way. Furthermore, the threat must be the operative cause of your actions. In other words, if you are not worried about the threat at the time of the commission of the offence, or some other factor influences your decision to commit the crime, duress may not be established. Finally, the threat must be continuing. What this means is that if there is an opportunity at some point for you to obviate the threat, by reporting it to the police for example, duress may not be accepted.
Once duress is raised, the onus lies with the Prosecution to negative duress beyond reasonable doubt. In other words, it is encumbent upon the Prosecution to eliminate any reasonable possibility that you were acting in duress. In considering this question, the evidence should be taken at its highest in favour of the accused. It is not essential that there be evidence from you as to your beliefs and perceptions, but it must be raised fairly on the evidence.
For necessity to be established, the following must exist at the time of the commission of the offence:
As is the case with self-defence, the onus lies with the Prosecution to negative necessity beyond reasonable doubt. In other words, it is encumbent upon the Prosecution to eliminate any reasonable possibility that you were acting out of necessity. In considering this question, the evidence should be taken at its highest in favour of the accused. It is not essential that there be evidence from you as to your beliefs and perceptions, but it must be raised fairly on the evidence.
Why Jackson John?
We understand the serious consequences that a conviction for perjury can have on your life and reputation. We will work tirelessly to protect your rights and interests, and to develop a strong defence strategy. We will also keep you informed of your options and advise you on the best course of action throughout the legal process.
Our team at Jackson John Defence Lawyers have a proven track record of success in defending clients charged with perjury. We are committed to providing our clients with the highest quality legal representation, and we will fight to get you the best possible outcome in your case.
If you have been charged with perjury, contact Jackson John Defence Lawyers today for a free 15-minute initial consultation.
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In the spirit of reconciliation, Jackson John Defence Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community.
We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.
© 2024 JACKSON JOHN DEFENCE LAWYERS – Privacy Policy
Liability limited by a scheme approved under Professional Standards Legislation.
In the spirit of reconciliation, Jackson John Defence Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.
