Section 328 Crimes Act | Perjury with Intent


Section 328 of the Crimes Act is very similar to section 327, which deals with the offence of perjury.

However, section 328 contains a more serious form of the offence.

It says that where you are found to have lied or given a false statement while in the witness box, and you did so with the intention to convict another person, or assist another person in escaping conviction for a serious indictable offence, you could face up to 14 years imprisonment.

A “serious indictable offence” is any offence that must be heard in a higher court, such as the District Court, and which carries a penalty of five years imprisonment or more.

While the maximum penalty for this offence is obviously harsh, it’s important to remember that it will only apply in the most serious cases.

Our highly experienced lawyers can give you the best possible defence against the charges, or, if you wish to plead guilty, can assist in persuading the magistrate to impose a lesser penalty.

The Legislation

Section 328 of the Crimes Act 1900 (NSW) deals with the offence of “perjury with intent” and reads as follows:

328 Perjury with intent to procure conviction or acquittal

Any person who commits perjury intending to procure the conviction or acquittal of any person of any serious indictable offence is liable to imprisonment for 14 years.

Why Sydney Criminal Lawyers?

“Perjury with intent” is a serious criminal offence that demands the expertise and insight of an experienced criminal defence team.

The expert defence team at Sydney Criminal Lawyers has a wealth of experience defending clients in “false accusations” matters such as perjury with intent.

We have the knowledge and skills to ensure that you obtain the best possible result in your case, no matter how serious the charges are.

Unlike other law firms who may encourage you to fight the charges in court, our lawyers endeavour to resolve matters at an early stage in every case by identifying problems with the prosecution case and pushing to have the charges dropped on this basis.

Alternatively, if the prosecution refuses to drop the charges, our advocates will fight hard to protect your innocence in court by raising all relevant evidence and examining all witnesses.

We can also assist you in achieving a lenient penalty in your case where you simply wish to plead guilty – in these cases, our lawyers can prepare sentencing submissions which focus on the positive factors in your case in order to maximise your chances of obtaining a lenient outcome.

Call us today on (02) 9261 8881 and book your FREE first conference with our criminal law specialists.