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:
- You procured, persuaded, induced or otherwise caused a person to give false testimony
- That testimony amounted to perjury, and
- 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:
- A person made a false statement under oath or affirmation
- The statement was in, or in connection with, judicial proceedings
- The statement concerned a matter that was material to those proceedings, and
- 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:
- Falsely stating in court that another person committed a crime
- Falsely providing an alibi in relation to proceedings, or
- 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.
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