Division 6 under Part 1 of Crimes Act Victoria (1958) is on the offence of perjury. Section 314 of Crimes Act is about perjury. In simple terms, perjury is the offence of making false statements when you are under oath. There are certain elements of this offence. These include that a person made a false statement:
- when they were under oath
- in connection with, or in any judicial proceeding
- concerns matters that are material to the proceeding
- being aware that the statements they are making are false, or not believe it to be true.
Section 314: Perjury
Subsection (1) of Section 314 states that whoever commits wilful and corrupt perjury or subornation of perjury shall be liable to level 4 imprisonment (15 years maximum).
Secondly, where in any Act it is provided that any person shall be liable to the penalties or shall be guilty of perjury or shall be deemed to have committed perjury or any similar expression is used such person shall be deemed to have committed an offence against subsection (1).
Section 315: All Evidence Material with Respect to Perjury
This Section states that all evidence and proof whatsoever, whether given or made orally or by or in any affidavit examination statutory declaration or deposition, shall be deemed and taken to be material with respect to the liability of any person to be proceeded against and punished for perjury or subornation of perjury.
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Case Example Scenarios
Here are several hypothetical scenarios illustrating instances of perjury in Australia:
For instance, consider that in a divorce case, Sarah accuses her ex-husband, John, of domestic violence to gain custody of their children. During the court proceedings, Sarah testifies under oath about several incidents of abuse that never occurred. John presents evidence proving Sarah’s claims to be false, and Sarah is subsequently charged with perjury.
Another example would be if someone provides false alibi. Suppose that a person – Mark – is charged with robbery after being identified by multiple witnesses. At trial, Mark’s friend, Alex, provides an alibi, swearing under oath that Mark was with him at the time of the robbery. However, security footage emerges showing Mark committing the crime alone. Alex is charged with perjury for providing false testimony to protect Mark.
Thirdly, let’s understand an example in an employment law context. Consider that Lisa sues her former employer for wrongful termination, alleging she was fired due to discrimination. During the trial, Lisa provides false testimony, claiming she was subjected to harassment and unfair treatment based on her race.
However, the company presents emails and performance reviews demonstrating Lisa was terminated for poor job performance unrelated to her race. Lisa is charged with perjury for lying under oath about the circumstances of her termination.
In each of these scenarios, individuals deliberately provide false testimony under oath, either to gain a legal advantage, protect themselves or others, or achieve some form of personal gain.
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Seek Advice from Criminal Lawyers
Perjury undermines the credibility of the legal system and can result in serious legal consequences, including criminal charges and imprisonment. As such, it is crucial for individuals to understand the gravity of providing truthful testimony in legal proceedings to uphold the integrity of the justice system.
Criminal lawyers can help you if you dealing with any criminal charges. Contact our team today.