What is Perjury?
The offence of Perjury is more commonly known as the offence of lying in Court.
It is an extremely serious offence involving the making a false statement while on oath or affirmation during Court proceedings, with full knowledge that such statement is false.
Perjury & The Law
Perjury is an offence under Section 327 of the Crimes Act 1900 (NSW).
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused deliberately made a statement during judicial proceedings while under oath; and
The statement was false and untrue; and
The statement was relevant to the court proceedings; and
The accused had full knowledge that such statement was false at the time of making it
Going to Court – “What am I looking at?”
This type of offence can be dealt with before a Magistrate in the Local Court, where a maximum penalty of up to 2 years imprisonment can be imposed.
However, due to its seriousness, the Director of Public Prosecution may decide to elect the matter, and have it transferred to the District Court before a Judge. In such circumstances, the maximum penalty can be up to 10 years imprisonment. A usual term of full time custody is to be expected if the matter is heard before the District Court and expert legal advice is highly recommended.
Lawyer Call – here to help..
If you have been charged with an offence of Perjury, contact our office immediately on 1300 LAW 111 for a review of your matter. Our experienced Defence lawyers will guide you through the Court process, and together start working on the most beneficial legal strategy for you during this difficult time.
An early plea of guilty with the appropriate preparation of supporting documentation and submissions to assist your case may often be the best possible avenue to obtain a more lenient sentence and favourable outcome at Court.
Our Online Legal Conferencing Service, together with our dedicated correspondence and face to face consultations are just only some of the reasons Lawyer Call is the Legal Defence Team you want on your side.