Section 327 Crimes Act | Perjury


Witnesses play an important role in court proceedings by giving evidence that can help determine the facts of a case.

Witnesses are required to act honestly and truthfully at all times while giving evidence due to the serious consequences that may result from making false statements.

It is a criminal offence to lie or make false statements to the court whilst giving evidence under oath as a witness. This is known as perjury.

To be found guilty of perjury, the prosecution must also prove that you knew that the statement was false, or that you did not believe it to be true, and that the statement was made in relation to a matter that is material to the proceeding.

You can still be charged with an offence under this section even if court proceedings have not yet commenced.

If you are found guilty under this section, you could face a maximum penalty of 10 years imprisonment.

However, this is a maximum and it will only apply in the most serious cases.

Our highly experienced criminal defence team will fight hard to ensure that you receive the most lenient penalty possible.

The Legislation

Section 327 of the Crimes Act 1900 (NSW) deals with the offence of perjury and reads as follows:

(1) 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.

(2) A statement can be considered to have been made in connection with a judicial proceeding whether or not a judicial proceeding has commenced, or ever commences, in connection with it.

(3) The determination of whether a statement is material to a judicial proceeding that has not commenced is to be made on the basis of any judicial proceeding likely to arise in connection with the statement.

(4) The question of whether any matter is material to a proceeding is a question of law.

Why Sydney Criminal Lawyers?

Being charged with committing an offence such as perjury can have a damaging impact on your reputation and future.

It’s therefore important to think carefully when choosing a lawyer to represent you in these types of cases.

At Sydney Criminal Lawyers, we have considerable experience representing client in perjury cases.

We understand that sometimes you may act on information that you mistakenly believe to be correct, and in these cases it may come as a shock to be charged with perjury.

However, our experienced advocates possess the knowledge and skills to ensure that you get the best possible outcome in your case.

We will carefully examine all the evidence in your case and, where issues are identified, we can raise them with the prosecution and ask to have the charges dropped.

Should the prosecution refuse to drop the charges, we will work hard to obtain all relevant evidence and witnesses in order to present your case in the most compelling light in court.

Our lawyers will also be happy to assist if you simply wish to plead guilty.

With years of experience preparing and presenting sentencing submissions in all types of cases, you can count on us to obtain the most lenient penalty possible in the circumstances.

So no matter the facts and circumstances of your case, our lawyers can help you achieve the best possible outcome.

Call us today on (02) 9261 8881 and book your FREE first conference with our expert defence team today.