THE PUNISHMENT OF PERJURY
If caught deliberately providing a false testimony in a court proceeding, the convicted person can be found guilty of perjury. What are the punishments of perjury in Queensland?
What is Perjury?
Perjury is a very serious offence in Queensland. Whether given verbally or in writing, a witness that provides any formal statement, oath, or affirmation with deliberate falsities can commit a crime.
Perjury is defined in section 123 of the Criminal Code 1899 (Qld), which states that “Any person who in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then depending in that proceeding, or intended to be raised in that proceeding, is guilty of a crime, which is called "perjury."
A charge of perjury includes various serious possible penalties.
If you are found guilty of committing an act of perjury, you could be liable for 14 years of imprisonment.
The (Harsher) Penalties
With reference to section 123 (Criminal Code 1899 (Qld)), there is also the possibility of further maximum penalties:
“If the offender commits the crime in order to procure the conviction of another person for a crime punishable with imprisonment for life, the offender is liable to imprisonment for life.”
Ultimately, if you are found guilty of committing perjury to secure a certain conviction for a party in a proceeding you could face life imprisonment.
Defence Against Perjury
Are there possible defences if charged with perjury?
Several defences could be applicable in the charge of perjury. These could be:
• The statement was not made under any oath (i.e. the person has not been lawfully sworn into a proceeding);
• The statement was true;
• Or the witness believed with honest intent that their statement was truthful, but was mistaken.
If you have been charged with perjury or a similar offence – engaging a Criminal Lawyer will be your next step if you wish to prepare yourself with the best possible defence and representation.
Securing the Best Legal Representation
A court proceeding should not be taken lightly. There are tireless amounts of inclusions, exclusions, legal requirements, and documents required when facing the courts. This is not possible to handle adequately without the correct support. When looking to engage your Criminal Lawyer – do not compromise on experience, trustworthiness and reputation. The most important aspect of securing an optimal outcome lies within the representation you seek.
Creevey Russell Lawyers, Brisbane
Our dedicated Crime and Misconduct team is ready to help you. If you would like to tell us what you’re facing and find out how we can be of benefit to you, please do not hesitate to reach out to our team today.
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