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Subornation of Perjury

Subornation of perjury is an offence under section 333(1) of the Crimes Act 1900, which carries a maximum penalty of 7 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, and
  2. That testimony amounted to perjury.

The offence of ‘perjury’ occurs where:

  1. A person makes a false statement under oath or affirmation
  2. The statement is in, or in connection with, judicial proceedings
  3. The statement concerns a matter that is material to those proceedings, and
  4. The person who made the statement knows it was false or does 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.

Duress is a defence to subornation of perjury.

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