What is Perjury
Perjury is a false statement knowingly made, under either an oath or affirmation lawfully administered, or by way of a declaration or affidavit, sworn before an authorised person.
Are you facing Perjury Charges?
In Victoria Perjury is a serious offence that can carry severe penalties including, imprisonment. However, there are often a number of defences available in relation to this charge.
- Can the prosecution establish all elements of the offence?
- Did you know the statement you made was false?
- Or, at the time did you believe the information to be correct?
If you have been charged with Perjury contact a specialist criminal lawyer today. Only after discussing the answers to these questions with your lawyer should you consider how you intend to plead to this charge
Please read below for more information relating to the charge.
The offence
Section 314 of the Crimes Act 1958.
The prosecution must prove:
The accused made a false statement;
That statement was made in prohibited circumstances; and
The accused made the false statement knowingly.
What is the penalty for perjury?
The maximum penalty for Perjury is level 4 imprisonment with a maximum of 15 years. That said, no one ever gets the maximum penalty. The likely penalty for perjury will be anywhere from a Correction Order through to an immediate custodial sentence. Whether you receive a custodial sentence or a sentence that can be served in the community will often be dependant on the quality of the legal representative you engage.
Where will my case be heard?
A charge of Perjury will most likely be heard in the County Court but may be heard in the Magistrates Court because it is listed in schedule 2 of the Criminal Procedure Act, making it a charge that can be heard in the summary jurisdiction being the Magistrates Court.
What to do next?
A charge of Perjury can result in imprisonment if convicted. You should contact an experienced criminal lawyer today to ensure you are provided with the best representation and that there is adequate time to prepare any possible defences.
The legislation
Section 314 Perjury
(1) Whosoever commits wilful and corrupt perjury or subornation of perjury shall be liable to level 4 imprisonment (15 years maximum).
(2) Where in any Act it is provided that any person shall be liable to the penalties of perjury or shall be guilty of perjury or shall be deemed to have committed perjury or any similar expression is used such person shall be deemed to have committed an offence against subsection (1) and may be proceeded against tried and punished accordingly.
(3) Where by or under any Act it is required or authorized that facts matters or things be verified or otherwise assured or ascertained by or upon the oath affirmation or affidavit of some or any person, any person who in any such case takes or makes any oath or affirmation so required or authorized and who knowingly wilfully and corruptly upon such oath or affirmation deposes swears to or affirms or makes any false statement as to any such fact matter or thing, and any person who knowingly wilfully and corruptly upon oath or by affirmation deposes to the truth of any statement for so verifying assuring or ascertaining any such fact matter or thing or purporting so to do, or who knowingly wilfully and corruptly takes makes signs or subscribes any such affirmation or affidavit as to any such fact matter or thing, such statement affirmation or affidavit being untrue wholly or in part, or who knowingly wilfully and corruptly omits from any such affirmation or affidavit made or sworn under the provisions of any law any matter which by the provisions of such law is required to be stated in such affirmation or affidavit, shall be deemed guilty of wilful and corrupt perjury. Nothing herein contained shall affect any case amounting to perjury at the common law or the case of any offence in respect of which other provision is made by any Act.
