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Perjury is an offence under Section 327 of the Crimes Act 1900, which carries a maximum penalty of 10 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
The maximum penalty increases to 14 years in prison where the prosecution proves you intended to procure the conviction or acquittal of a person for a ‘serious indictable offence’, which is an offence that carries a maximum penalty of at least 5 years in prison.
A ‘Judicial Proceeding’ is defined by Section 311 to cover any proceeding before a court, tribunal or commission where evidence may be taken on oath. Whether a statement is ‘Material’ to the proceedings is a question of law.
Examples of Perjury may include:
Defences to perjury include duress and necessity.
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