Understanding Perjury in Victoria

What is Perjury?

Perjury in Victoria is a serious criminal offence that occurs when an individual knowingly makes false statements or gives false testimony while under oath in a legal proceeding, such as a Court hearing or deposition. Perjury undermines the integrity of the judicial system and can result in severe legal consequences for those found guilty of committing this offence. Understanding perjury and its implications within the Victorian legal system is essential for all individuals involved in legal proceedings.

Key Elements of Perjury

1. False Statements: Perjury involves the deliberate act of making false statements or providing false information while under oath. These statements can be made orally during testimony or in written form, such as affidavits or sworn statements.
2. Knowledge of Falsity: To constitute perjury, false statements must be made knowingly and intentionally. This means that the individual making the false statements is aware of their falsity and intends to deceive the Court or other legal authority.
3. Under Oath: Perjury typically occurs when an individual is sworn in or affirms to tell the truth before providing testimony or evidence in a legal proceeding. The oath serves as a solemn promise to provide truthful and accurate information.

Legal Consequences of Perjury

1. Criminal Charges: Perjury is a criminal offence under Victorian law and is punishable by imprisonment, fines, or both. Individuals found guilty of perjury may face criminal prosecution and be subject to penalties imposed by the Court.
2. Contempt of Court: Perjury undermines the administration of justice and can be considered contempt of Court. As such, individuals found guilty of perjury may also be subject to additional sanctions or disciplinary actions by the Court.
3. Impact on Legal Proceedings: False testimony or evidence resulting from perjury can have significant consequences for the outcome of legal proceedings. It may lead to wrongful convictions, miscarriages of justice, or the dismissal of cases based on unreliable evidence.

Our Role at Seda Kilic & Associates

If you are facing allegations of perjury or believe false statements have been made against you in a legal proceeding, it is essential to seek expert legal representation to protect your rights and interests. At Seda Kilic & Associates, our experienced team specialises in criminal law and is dedicated to providing comprehensive legal support and representation for clients involved in perjury allegations.

Our services include:

1. Legal Advice: We offer personalised legal advice tailored to your specific circumstances, helping you understand the allegations against you and your rights under the law.
2. Representation: Our skilled lawyers provide robust representation in Court hearings, advocating for your interests and defending against perjury charges with diligence and expertise.
3. Case Preparation: We conduct thorough case preparation, gathering evidence and developing strategic defence strategies to achieve the best possible outcome for our clients.
4. Negotiation: We negotiate with prosecutors to seek favourable outcomes, including reduced charges or alternative sentencing options, where appropriate.

Contact Us Today

Don’t face perjury allegations alone. Contact Seda Kilic & Associates for expert legal assistance and representation. Our dedicated team is committed to protecting your rights and guiding you through the perjury-related legal process with professionalism and compassion.

What is the Crimes Act for perjury in Victoria?

Perjury in Victoria is governed by the Crimes Act 1958. Section 314 of the Act defines perjury as knowingly giving false evidence under oath or making a false statement that is verified by oath or affirmation in a judicial proceeding. Perjury is considered a serious offence and is punishable by law.

How many years do you get for perjury in Victoria?

The penalty for perjury in Victoria varies depending on the circumstances of the case and the severity of the offence. Perjury is indictable and can result in imprisonment for a term of up to 15 years. The Court may also impose fines or other penalties as deemed appropriate.

What are the points of proof for perjury?

To prove perjury in Victoria, the prosecution must establish several key points, including that the accused knowingly made a false statement under oath or affirmation, that the statement was made in a judicial proceeding, and that the false statement was material to the proceeding. The prosecution must also demonstrate the accused’s intention to deceive or mislead the Court.

What are some defences to perjury charges?

Some defences to perjury charges in Victoria may include honest and reasonable belief in the truth of the statement made, lack of intent to deceive or mislead, or evidence that the false statement was not material to the proceeding. However, the availability of defences may vary depending on the specific circumstances of the case. It is essential to seek legal advice from experienced criminal defence lawyers to explore all available defences and options.