Perjury is a very serious criminal offence in New South
Wales (NSW). It involves knowingly giving false or misleading evidence under
oath or affirmation in a judicial proceeding or in a document used in a judicial
proceeding.
Under section 327 of the Crimes Act 1900 (NSW),
a person who commits perjury is guilty of an offence and is liable to
imprisonment for up to 10 years. The offence is considered very serious because
it undermines the integrity of the justice system and can lead to wrongful
convictions or acquittals.
In order to
be convicted of perjury, the prosecution must prove beyond a reasonable doubt
that the accused gave evidence that was knowingly false or misleading, that the
evidence was given under oath or affirmation, and that it was given in a
judicial proceeding or in a document used in a judicial proceeding.
Perjury can also be committed by making a false declaration
or statement in any document required by law to be made under oath or affirmation,
such as an affidavit or statutory declaration.
It is important to note that the offence of perjury only
applies to evidence given under oath or affirmation in a judicial proceeding or
in a document used in a judicial proceeding. Giving false information to police
or other law enforcement agencies, or lying in a non-judicial setting, may
still be a (serious) criminal offence but it would not be considered perjury.
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*This article correctly reflects the Laws of NSW as at 8th May 2023.
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