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Perjury With Intent to Procure a Conviction or Acquittal

Perjury with intent to procure a conviction or acquittal is an offence under section 328 of the Crimes Act 1900, which carries a maximum penalty of 14 years in prison.

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

  1. You made a false statement under oath or affirmation
  2. The statement was in, or in connection with, judicial proceedings
  3. The statement concerned a matter that was material to those proceedings
  4. You knew the statement was false or did not believe it was true, and
  5. You intended by doing so to procure the conviction or acquittal of any person.

A ‘judicial proceeding’ is one in or before which a judicial tribunal can take evidence under oath.

A ‘judicial tribunal’ is any person, including a coroner or arbitrator, or any court or other body authorised by law or by the consent of the parties to conduct a hearing to determine any matter or thing.

Examples of Perjury may include:

  1. Falsely stating in court that another person committed a crime
  2. Falsely providing an alibi in relation to proceedings, or
  3. Swearing false evidence in an affidavit.

Duress is a defence to the charge.

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