In Victoria, perjury is a serious criminal offence that can attract a penalty of up to 15 years imprisonment. This page deals with the elements, penalties for and procedures for dealing with charges of perjury in Victoria.
Legislation
Perjury in Victoria is governed by section 314 of the Crimes Act 1958.
Perjury occurs when a person knowingly makes a false statement under oath or affirmation. This may occur either in oral evidence or in an affidavit.
The maximum penalty for perjury is 15 years imprisonment.
Elements of the offence of perjury
In order to find a person guilty of perjury, a court must be satisfied of all of the following elements:
- That the accused made a false statement
- That the statement was made under oath or affirmation
- That the statement was made in a judicial proceeding;
- That the false statement was material to the proceeding;
- That the accused knew the statement was false.
These elements have been established by case law on perjury.
In assessing whether a statement was material to the proceeding, the court must consider whether the statement was capable of altering the outcome of the proceeding, either directly or indirectly.
Defence
It is a defence to a charge of perjury if the accused honestly believe the statement they made to be true. It is also a defence if the statement was made in answer to a question that the accused had misunderstood.
Jurisdiction
Perjury matters are generally heard in the County Court. However, when the court deems it appropriate and the defence agrees, a perjury charge may be dealt with in the Magistrates court.
Other offences related to perjury
Victoria also has a number of other offences that involve making false statements.
Making false reports
Under section 53 of the Summary Offences Act 1966, it is an offence in Victoria to knowingly make a false report to the police. This offence is punishable by one year of imprisonment or a fine of 120 penalty units.
Interfering with witnesses
Under section 52A of the Summary Offences Act 1966, it is an offence to harass a person for taking part in a criminal proceeding as a witness or in any other capacity. This offence is punishable by one year of imprisonment or a fine of 120 penalty units.
Destruction of evidence
Under section 254 of the Crimes Act 1958, it is an offence for a person who knows that a document or thing is likely to be required as evidence in a proceeding, to:
- destroy, conceal or render it illegible or incapable of being identified; or
- authorize or permit another person to do so.
Giving false testimony under the Commonwealth Crimes Act
There is also a commonwealth offence contained in section 35 of the commonwealth Crimes Act 1914, which is known as giving false testimony. A person may be charged with this offence if they give false testimony during a commonwealth judicial proceeding, regardless of whether the testimony is given under oath and regardless or whether it is given orally or in writing.
The offence of giving false testimony occurs if:
- a person gives false testimony in a judicial proceeding or with the intention of instituting a judicial proceeding; and
- the false testimony is material to the proceeding; and
- the judicial proceeding is a federal proceeding.
This offence carries a maximum penalty of imprisonment for five years.
Sentencing and perjury
Courts have often stated that when a person is sentenced for a perjury offence, the principle of general deterrence is of utmost importance. Therefore, caselaw has established that a sentence of imprisonment should be imposed unless there are exceptional circumstances. However, according to the Sentencing Advisory Council, perjury matters are also commonly dealt with by way of community corrections orders, fines and adjourned undertakings.
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