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Swearing a False Affidavit

Swearing a False Affidavit is an offence under Section 29 of the Oaths Act 1900 which carries a maximum penalty of 10 years in prison.

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

  1. You swore or affirmed an affidavit
  2. The affidavit was affirmed or sworn before a person authorised to do so
  3. The affidavit was false in any respect, and
  4. You knew the affidavit was false in that or those respects

You must be found not guilty if the prosecution is unable to prove any of those ‘elements’.

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