Perjury

Perjury

THINGS YOU NEED TO KNOW:

  1. Perjury is an offence under section 327(1) of the Crimes Act 1900 (NSW).
  2. This offence is a Table 1 (T1) offence. It can be dealt with in either the Local Court or the District Court.
  3. The maximum penalty is 10 years imprisonment however if dealt with in the Local Court the maximum penalty is 2 years imprisonment.
  4. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is very likely that you will be sentenced to a term of imprisonment.

If you have been charged with perjury, the prosecutor must prove that you:

  1. provided a false statement while on oath
  2. made the statement knowing or believing it to be false
  3. made the statement during or in relation to any judicial proceedings.

What is a false statement?

A false statement is one which is untrue and at the time that the statement was made, the declarant (you) knew that the statement was untrue.

What does judicial proceedings mean?

The law defines judicial proceedings as a hearing “in or before a judicial tribunal in which evidence may be taken on oath”.

What is a judicial tribunal?

A judicial tribunal includes any person, court or body that is authorised by law or through the consent of the parties to conduct an inquiry or hearing into a matter for the purpose of a determination. Typically, a judicial tribunal is a Court.

What are the possible defences?

  • You may deny that you made a false statement under oath
  • You may agree that you made a false statement but:
    • you may not have known the statement was false
    • the statement was not made under oath
  • You may have the defence of mental illness

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you knowingly made a false statement under oath.

You may accept that you made a false statement under oath, but your lawyer may be able to persuade the prosecutor to accept a plea of guilty to a less serious charge such as false statement on oath not amounting to perjury.

Alternatively, you may accept that you committed the offence but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.

If I plead guilty or am found guilty, will a conviction be recorded?

It is certain that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.

What does it mean to have a conviction recorded? 

A conviction is an entry on your criminal record (also referred to as your antecedents). A conviction may pose a hurdle, or a bar, in relation to current or future employment, travel, adoption, residency, applications for citizenship or your ability to attain or hold a certain licence.

It is important that a lawyer properly advises you if a conviction is recorded.

Will I go to jail for perjury?

It is very likely that you will go to jail if you plead guilty or are found guilty.  The maximum penalty for perjury is 10 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.

It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to persuade the court to reduce the length of the jail sentence.

FALSE ACCUSATIONS

THINGS YOU NEED TO KNOW:

  1. Making a false accusation is an offence under section 314 of the Crimes Act 1900 (NSW).
  2. This offence is a Table 1 (T1) offence. It can be dealt with in either the Local Court or the District Court.
  3. The maximum penalty is 7 years imprisonment however if dealt with in the Local Court the maximum penalty is 2 years imprisonment.
  4. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is very likely that you will be sentenced to a term of imprisonment.

If you have been charged with making false accusations, the prosecutor must prove that you:

  1. accused another person
  2. intended for that person to be the subject of a criminal investigation 
  3. you knew the accusation was false

What is an accusation?

An accusation is a claim that a person has engaged in illegal or wrongful conduct. For example, if you report person X for assaulting person Y then you have accused person X of committing an offence.

What does ‘intending for a person to be the subject of a criminal investigation’ mean?

This means that at the time of accusing the victim of unlawful conduct, you knew the victim may be investigated and prosecuted by the police for the allegations made against them.

What are the possible defences?

  • You may deny that you made a false accusation
  • You honestly and reasonably believed the accusations were true
  • You may have the defence of mental illness
  • You may have the defence of intoxication available to you

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you knowingly made a false accusation.

You may accept that you made a false accusation, but your lawyer may be able to persuade the prosecutor to accept a plea of guilty to a less serious charge.

Alternatively, you may accept that you committed the offence but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.

If I plead guilty or am found guilty, will a conviction be recorded?

It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.

What does it mean to have a conviction recorded? 

A conviction is an entry on your criminal record (also referred to as your antecedents). A conviction may pose a hurdle, or a bar, in relation to current or future employment, travel, adoption, residency, applications for citizenship or your ability to attain or hold a certain licence.

It is important that a lawyer properly advises you if a conviction is recorded.

Will I go to jail for making false accusations?

It is possible that you will go to jail if you plead guilty or are found guilty.  The maximum penalty for false accusations is 7 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.

It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to persuade the court to reduce the length of the jail sentence.

THREATENING OR INTIMIDATING VICTIMS OR WITNESSES

THINGS YOU NEED TO KNOW:

  1. Threatening or intimidating a victim or witness is an offence under section 315A(1) of the Crimes Act 1900 (NSW).
  2. This offence is a Table 1 (T1) offence. It can be dealt with in either the Local Court or the District Court.
  3. The maximum penalty is 7 years imprisonment however if dealt with in the Local Court the maximum penalty is 2 years imprisonment.
  4. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is very likely that you will be sentenced to a term of imprisonment.

If you have been charged with threatening or intimidating a victim or witness, the prosecutor must prove that you:

  1. threatened to cause or caused injury or detriment to a victim or witness
  2. intended to influence a victim or witness to not bring to the attention of police material information

What does injury or detriment mean?

The meaning of ‘injury or detriment’ is broad. It captures a range of acts including; physical injury, emotional abuse, harassment, intimidation, stalking, financial loss and much more.

Who is a victim?

A victim is a person who has been wronged, harmed or injured as result of a crime or accident.

Who is a witness?

Generally speaking, a witness is a person who saw, heard or otherwise perceived the commission of the offence. That is, the witness was at the scene of the offence at the time of offending. However, a witness also includes other persons who may be testifying in your trial. This includes, doctors, psychiatrists or other experts who have prepared reports and relatives who may wish to identify you in CCTV footage.

What does material information mean?

Material information means any information that might assist police in arresting, investigating, prosecuting or securing the conviction of a person in criminal proceedings. This information must relate to an indictable offence.

What is an indictable offence?

An indictable offence is an offence which may be prosecuted on indictment (i.e. an offence which may be prosecuted in the District Court).

What are the possible defences?

  • You may deny that you threatened or intimidated a victim or witness
  • You may agree that you threatened or intimidated a victim or witness but:
    • deny that you intended to influence the victim or witness
  • You may have been intoxicated
  • You may have the defence of mental illness

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you threatened or intimidated a victim or witness.

You may accept that you threatened or intimidated a victim or witness, but your lawyer may be able to persuade the prosecutor to accept a plea of guilty to a less serious charge such as intimidation.

Alternatively, you may accept that you committed the offence but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.

If I plead guilty or am found guilty, will a conviction be recorded?

It is certain that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.

What does it mean to have a conviction recorded? 

A conviction is an entry on your criminal record (also referred to as your antecedents). A conviction may pose a hurdle, or a bar, in relation to current or future employment, travel, adoption, residency, applications for citizenship or your ability to attain or hold a certain licence.

It is important that a lawyer properly advises you if a conviction is recorded.

Will I go to jail for threatening or intimidating a victim or witness?

It is likely that you will go to jail if you plead guilty or are found guilty.  The maximum penalty for threatening or intimidating a victim or witness is 7 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.

It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to persuade the court to reduce the length of the jail sentence.

PERVERTING THE COURSE OF JUSTICE

THINGS YOU NEED TO KNOW:

  1. Perverting the course of justice is an offence under section 319 of the Crimes Act 1900 (NSW).
  2. This offence is a Table 1 (T1) offence. It can be dealt with in either the Local Court or the District Court.
  3. The maximum penalty is 14 years imprisonment however if dealt with in the Local Court the maximum penalty is 2 years imprisonment.
  4. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is very likely that you will be sentenced to a term of imprisonment.

If you have been charged with perverting the course of justice, the prosecutor must prove that you:

  1. intended to pervert the course of justice
  2. did an act or made an omission in order to pervert the course of justice

What does pervert the course of justice mean?

The law defines perverting the course of justice as any act or omission which is classified as “obstructing, preventing, perverting or defeating the course of justice or the administration of the law”. The prevention or obstruction is not required to be permanent, it can be temporary. That is, if you intend to delay Court proceedings you may be charged with perverting the course of justice.

What is the difference between an act and omission?An act refers to anything that you do. You must have been aware of what you were doing and intended to do so. An omission is the intentional failure to act in circumstances where you would have been expected to act.

What are the possible defences?

  • You may deny that you perverted the course of justice
  • You may agree that you perverted the course of justice but:
    • deny that you intended to pervert the course of justice
  • You may have the defence of mental illness
  • You may have the defence of intoxication available to you

Should I plead guilty or not guilty?

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you perverted the course of justice.

You may accept that you perverted the course of justice, but your lawyer may be able to persuade the prosecutor to accept a plea of guilty to a less serious charge such as tampering with evidence.

Alternatively, you may accept that you committed the offence but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.

If I plead guilty or am found guilty, will a conviction be recorded?

It is certain that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.

What does it mean to have a conviction recorded? 

A conviction is an entry on your criminal record (also referred to as your antecedents). A conviction may pose a hurdle, or a bar, in relation to current or future employment, travel, adoption, residency, applications for citizenship or your ability to attain or hold a certain licence.

It is important that a lawyer properly advises you if a conviction is recorded.

Will I go to jail for perverting the course of justice?

It is very likely that you will go to jail if you plead guilty or are found guilty.  The maximum penalty for perverting the course of justice is 14 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.

It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to persuade the court to reduce the length of the jail sentence.

Why Choose Hugo Law Group to Defend You

Hugo Law Group is a law firm that is focused on protecting and defending your rights. Drawing on decades of experience, our team of criminal lawyers will guide you through the legal process, providing comprehensive, honest and strategic advice – qualities that give us our renowned reputation.

Whether you want to plead not guilty, you are looking to secure the best possible sentence, or a loved one wants to apply for bail, it is essential to have an experienced team of criminal defence lawyers in your corner.

Seeking comprehensive and practical advice at an early stage will best ensure your rights and interests are protected. Our lawyers will properly prepare and present your case to assist you in getting the best possible outcome.

Contact

At Hugo Law Group, we will clearly explain what your rights and obligations are so that you can make informed decisions about how to deal with the police and the court process.

Even if you have not yet been charged with a criminal offence, you should seek advice from a lawyer at an early stage to ensure that your rights and interests are protected.

Hugo Law Group is the market leader in criminal defence law, providing exceptional representation to people facing serious criminal charges.

As leaders in criminal defence, we know that every story has two sides. We defend yours.

Get in contact with us today or feel free to call us at 02 9696 1361 (Sydney), 02 5104 9640 (Canberra), 08 6255 6909 (Perth), or 07 5552 1902 (Northern NSW) and find out how we can help you.