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Swearing a False Statement Not Amounting to Perjury

Swearing a false statement not amounting to perjury is an offence under section 330 of the Crimes Act 1900, which carries a maximum penalty of 5 years in prison.

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

  1. You made a false statement under oath or affirmation, and
  2. You knew the statement was false or did not believe it was true.

The offence is different to ‘perjury’ under section 327 of the Act because the prosecution does not have to prove your statement was:

  1. Made in connection with judicial proceedings, or
  2. Material to those proceedings.

Duress is a defence to the charge.

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