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Making a False Statement in an Affidavit

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Making a False Statement in an Affidavit is an offence under Section 33 of the Oaths Act 1900 which carries a maximum penalty of 10 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You swore or affirmed an affidavit
  2. You made a false statement within that affidavit, and
  3. You knew the statement was false

You must be found not guilty if the prosecution is unable to prove any of those ‘elements.

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