Perjury (NSW)

In New South Wales, it is an offence to commit Perjury. Perjury involves making a false statement during or in connection with legal proceedings while under an oath to tell the truth. The false statement must be made knowing the statement is false or otherwise untrue. It also must be about something material in relation to the legal proceedings.

The offence carries a maximum penalty of 10 years imprisonment.

What is the Offence of Perjury?

The offence of Perjury is contained in section 327 of the Crimes Act 1900 (NSW) which states:

• Any person who in or in connection with any judicial proceeding makes any false statement on oath concerning any matter which is material to the proceeding, knowing the statement to be false or not believing it to be true, is guilty of perjury and liable to imprisonment for 10 years.

The false statement will be considered to have been made in a judicial proceeding if it is given under oath in evidence. It may be considered to have been made ‘in connection with’ a judicial proceeding where the false statement is made in the course of preparing evidence under oath (such as a sworn statement or affidavit), even if the matter does not proceed to hearing or a final hearing. 

The following acts may constitute an offence of Perjury:

• Lying in Court when giving evidence against your partner to say that they did not assault you (when they really did) because you do not want them to be convicted or punished;
• Providing a false alibi for someone when giving evidence at a hearing or trial; and
• Filing a sworn affidavit in proceedings concerning income and assets stating that you earn $1000 per week when you really earn $1500 per week.

What Must be Proven?

For a person to be found guilty of Perjury the prosecution must prove each of the following matters beyond a reasonable doubt:

• You made a false statement;
• The statement was made in, or in connection with, a judicial proceeding;
• The statement was made on oath or under affirmation;
• The statement concerned a matter which was material to the proceeding;
• You knew the statement to be false or did not believe it to be true.

It is noted that a person cannot be prosecuted for Perjury except by:

• the Director of Public Prosecutions; or
• at the discretion of the Attorney General; or
• by any other person with leave of the judicial officer before whom the alleged Perjury occurred, (or in their absence, with the leave of the Supreme Court).

This means that the NSW Police cannot charge a person with Perjury unless they have the leave of the Court, or the DPP takes over the investigation and determines a person should be prosecuted. 

Which Court Will Hear the Matter?

This offence is a Table 1 offence, which means the matter will be finalised in the Local Court unless either the Prosecution or the Accused can elect to have it dealt with in the District Court. 

Possible Defences to Perjury

The following defences may be available for a Perjury charge:

• The statement made was not false;
• The statement was not made in, or in connection with, a judicial proceeding;
• The statement was not made under oath or affirmation;
• The statement was not about a matter which was material to the proceeding;
• You did not know the statement to be false, or you believed it was true; and
• To raise duress or necessity as a defence.

Common Questions about Perjury

Will I receive a criminal conviction?

Probably. Where a person pleads guilty or is found guilty, a conviction and criminal record for this offence is very likely. However, it remains possible to avoid a conviction. If a person was to plead not guilty and was acquitted, they would not receive a conviction. 

In NSW, a Court can impose any of the following penalties for this charge.

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what a person does for a living. Some jobs require no criminal convictions, and a conviction might jeopardise a person’s employment or make it difficult to obtain visas for overseas travel. 

Will I go to Gaol?

Potentially. While the offence is very rarely prosecuted, it is nevertheless very serious with a significant maximum penalty. Whether a person will receive a Gaol sentence depends on many factors including whether they plead or are found guilty, the circumstances of the offence itself, any prior criminal history and the person’s own circumstances. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.