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Perjury Laws in NSW: Understanding the Seriousness of Giving False Testimony
Perjury is a serious criminal offence in New South Wales. It strikes at the heart of the justice system, as it involves knowingly giving false evidence while under oath or affirmation in legal proceedings. In NSW, the law treats perjury with utmost seriousness because the credibility of the entire judicial process depends on the honesty of those who give evidence in court.
At our law firm, we understand that allegations of perjury can arise from complex situations. Whether it stems from a misunderstanding, pressure during testimony, or an error in memory, being charged with perjury can have life-altering consequences. If you or someone you know is facing perjury allegations, it is crucial to understand the law and seek legal guidance as early as possible.
What is Perjury under NSW Law?
In New South Wales, perjury is defined under Section 327 of the Crimes Act 1900 (NSW). The law states that a person commits perjury if they:
- Make a false statement under oath or affirmation,
- In a judicial proceeding,
- Knowing that the statement is false or not believing it to be
This offence does not require the false statement to influence the outcome of the case—it is the act of lying under oath itself that constitutes the crime.
It is important to note that perjury applies not just to formal courtroom testimony but to any sworn statement made in a judicial setting. This can include affidavits, statutory declarations, and even recorded interviews if conducted under oath.
Penalties for Perjury in NSW
Perjury is classified as a serious indictable offence in NSW. If convicted, the penalties can be severe. The maximum penalty for perjury is 10 years’ imprisonment. In cases where the false statement was made with the intent to procure a conviction or acquittal of another person, the maximum penalty increases to 14 years’ imprisonment.
Because of the seriousness of this offence, the court considers several factors when determining a sentence, including:
- The nature and importance of the false statement,
- Whether the perjury had an impact on the outcome of a trial,
- Whether the person showed remorse or attempted to correct the false statement,
- Any prior criminal history.
Defending a Perjury Charge
Defending a charge of perjury can be complex. The prosecution must prove beyond a reasonable doubt that:
- You made a false statement,
- You were under oath or affirmation,
- You knew the statement was false or didn’t believe it to be true,
- The statement was made during a judicial proceeding.
Our legal team has experience dealing with sensitive and high-stakes cases involving allegations of dishonesty. Depending on the facts of your case, defences may include:
- Lack of intent (you believed the statement was true),
- Mistake or confusion,
- Procedural issues with how the evidence was obtained,
- The statement was not material to the case.
We will carefully analyse the details, challenge any inconsistencies, and protect your rights every step of the way.
Why Early Legal Advice is Critical
Being accused of perjury can be extremely distressing. It can damage your reputation, jeopardise your freedom, and impact your personal and professional life. It is vital to obtain legal advice as early as possible to assess the strength of the case, identify potential defences, and minimise the long-term impact.
We’re Here to Help
Our law firm is committed to providing honest, skilled, and supportive legal representation to individuals facing perjury charges in NSW. If you or someone you care about is dealing with a perjury allegation, contact us today for a confidential consultation. We will stand by you, explain your legal options, and work tirelessly toward the best possible outcome.
