The offence of perjury involves any person knowingly giving false testimony on any matter which is material to a judicial proceeding. Essentially, someone commits perjury if they lie in their evidence in any court or tribunal on an important issue. Importantly, the offence can be committed by both adults and children, and it is immaterial whether the false testimony is given orally or in writing.
What Are The Elements Of The Offence Of Perjury?
For a court to find a person guilty of perjury, it must be proven beyond a reasonable doubt that:
- The accused was lawfully sworn in as a witness in a judicial proceeding;
- The accused made the statement wilfully (as opposed to by mistake);
- The statement was false;
- The defendant knew the statement was false;
- The statement was material to the proceedings or in other words, capable of affecting the decision of the court.
Perjury is a serious offence in Queensland and carries a maximum penalty of life imprisonment if the perjury was committed to bring about the conviction of another person.
Possible Defences
Possible defences to this offence include but are not limited to;
1. Honest and reasonable belief the statement was correct. If the person genuinely believes the statement to be true or that they answered incorrectly because they misunderstood the question. An accused could also put forward the defence that the information provided was incorrect because they had relied on the incorrect information of another person.
2. Statement was the truth It is a defence if the statement made was not false or that it was true in the literal sense.
3. Hearing was not a judicial hearing
4. Statement made was not material or relevant to the proceedings
5. The Statement was not made under oath Only a false statement made by a person who has been lawfully sworn in as a witness can be charged with the offence of perjury. A false statement made, when not under oath, cannot amount to perjury.
At Smith Cambridge Lawyers, we can give you advice on the best way to progress your matter to either contest the charge or put you in the best possible position prior to sentence to get you the outcome which will allow you the most freedom possible.
