What is Perjury in NSW?
Define Perjury in NSW
The offence of perjury in NSW is when a person gives false evidence under oath. An oath is taken before giving evidence in Court.
You should speak to a criminal defence lawyer if you are charged with this offence. It is not unusual for this type of prosecution to occur.
Perjury Meaning: The Law
In NSW, the offence of perjury is prosecuted under Section 327(1) of the Crimes Act 1900. The maximum penalty for this offence is 10 years imprisonment.
The DPP must prove the following elements against you;
- That it was made when under oath;
- Was made in, or in connection with, any judicial proceeding;
- Concerns any matter which is material to the proceeding; and
- It was made by a person knowing it to be false or not believing it to be true.
In addition to the above, there are several steps to satisfy before prosecution for this offence can occur. That is; a person is not to be prosecuted for perjury except:
- by the DPP
- Or at the direction of the Attorney General by any other person with leave of the judicial officer who constituted the judicial tribunal before which the perjury is alleged to have been committed.
Possible Defences for Perjury
Specialised criminal law knowledge is required to defend such proceedings. However, there are defences available to the offence of perjury in NSW. They are;
- the statement was not made under oath or an affirmation;
- that they believed the statement they made was true; and
- the statement did not concern a matter that was material to the proceedings.