Subornation of Perjury With Intent to Procure a Conviction or Acquittal

Subornation of perjury with intent to procure a conviction or acquittal is an offence under section 333(2) 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 procured, persuaded, induced or otherwise caused a person to give false testimony
2. That testimony amounted to perjury, and
3. You intended by your actions to procure the conviction or acquittal of any person for a serious indictable offence.

The offence of ‘perjury’ occurs where:

1. A person 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, and
4. The person knew the statement was false or did not believe it was true.

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.

A ‘serious indictable offence’ is one that carries a maximum penalty of at least 5 years in prison.

Duress is a defence to the charge.