Under Section 327 of the Crimes Act 1900 (NSW), perjury is committed when a person makes a false statement under oath during a judicial proceeding.

To establish this offence, the prosecution must prove that a false statement was made under oath, it was connected to a judicial proceeding, it was material to the matter being determined, and the person knew the statement was false or did not believe it to be true.

Elements

The prosecution must demonstrate:

False statement under oath: The statement was untrue and made while under oath or affirmation.

Connection to a judicial proceeding: The false statement occurred in, or in relation to, a proceeding before a court, tribunal, or commission where evidence is given under oath.

Materiality: The statement concerned a matter that was relevant or significant to the proceeding.

Knowledge of falsity: The person making the statement knew it was false or did not believe it to be true.

Penalties

The offence carries a maximum sentence of 10 years imprisonment under Section 327(1).

Under Section 328, if the false statement was intended to influence the conviction or acquittal of a person for a serious indictable offence, the maximum penalty is 14 years imprisonment.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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