Perjury (Qld)

This article was prepared by Go To Court Lawyers, Australia's largest legal service. For legal advice specific to your situation, call 1300 636 846.

Perjury is the deliberate giving of false testimony in a judicial proceeding and represents one of the most serious offences against the administration of justice. In Queensland, the offence of perjury is codified in the Criminal Code 1899, providing clear statutory guidance on what constitutes this crime. If a person is lawfully sworn in as a witness, they can be found guilty of perjury if they knowingly make a false statement that could affect the outcome of the proceeding. This is the case whether the person is an adult or a child. Perjury is a very serious offence as it is capable of undermining the integrity of the judicial system and resulting in miscarriages of justice. The Queensland courts take perjury charges extremely seriously, recognising that false testimony can lead to wrongful convictions, acquittals of guilty parties, and erosion of public confidence in the legal system.

The offence of perjury

Under Section 123 of the Criminal Code 1899, a person who knowingly gives false testimony during a judicial proceeding about a matter that is material to the proceeding commits perjury. Perjury can be committed in oral or written statements and regardless of the form of oath or affirmation the witness took. The law recognises that perjury can be committed regardless of whether the witness was a competent witness and regardless of whether the statements made were admissible or not.

Scope of judicial proceedings

A judicial proceeding is not limited to court and tribunal hearings but also includes administrative and investigative proceedings such as those performed by the Queensland Crime Commission (QCC). This broad definition encompasses proceedings before magistrates, judges, coroners, arbitrators, and other statutory bodies with investigative powers. The legislation recognises that the integrity of all formal legal processes must be protected, not just traditional courtroom proceedings.

Forms of perjurious statements

Perjury in Queensland can occur through various means including sworn oral testimony, written affidavits, statutory declarations, and responses to formal questioning during depositions. The false statement must be made deliberately and with knowledge of its falsity, distinguishing perjury from mere mistakes or memory lapses during testimony.

What must be proven?

For a court to find someone guilty of perjury, the prosecution must prove beyond a reasonable doubt that:

• The accused was lawfully sworn in as a witness;
• That the accused made the statement willfully (as opposed to by mistake);
• That the statement was false;
• That the defendant knew the statement was false;
• That the statement was material to the proceedings, meaning that it was capable of affecting the decision of the court

Materiality requirement

The materiality element is crucial in perjury prosecutions. A statement is considered material if it has the potential to influence the outcome of the proceeding, even if it ultimately does not affect the final decision. Minor inconsistencies or statements about irrelevant matters typically will not satisfy the materiality requirement for a perjury charge.

Knowledge and intent

The prosecution must establish that the accused had actual knowledge that their statement was false at the time it was made. Mere negligence or carelessness in providing information is insufficient to establish the mental element required for perjury. The false statement must be made deliberately with intent to mislead the court or tribunal.

Contradictory statements

Under Section 123A of the Criminal Code 1899, if a person makes two contradictory statements under oath and the court is unable to determine which of the statements is false, the court can find the accused guilty of perjury. This provision prevents witnesses from escaping liability by making contradictory statements and then claiming uncertainty about which version is accurate. The law recognises that making contradictory sworn statements is inherently problematic for the administration of justice, regardless of which specific statement is false.

Punishment of perjury

If perjury is committed in order to procure the conviction of another person for a crime punishable by life imprisonment, then it carries a maximum penalty of imprisonment for life. This reflects the gravity of using false testimony to potentially condemn an innocent person to the most serious criminal penalties.

In any other case, the maximum penalty for perjury is imprisonment for 14 years (Section 124). These substantial penalties reflect the seriousness with which Queensland law treats offences against the administration of justice and the need to deter false testimony that could undermine court proceedings.

Sentencing considerations

Queensland courts consider various factors when sentencing for perjury, including the seriousness of the underlying proceeding, the potential impact of the false testimony, whether the perjury was planned or spontaneous, and the offender's previous criminal history. Courts also consider whether the false testimony actually influenced the outcome of the original proceeding.

Evidence on charge of perjury

A person cannot be found guilty of perjury on the uncorroborated testimony of one witness (Section 125). This evidentiary requirement, known as the corroboration rule, ensures that perjury convictions are not based solely on one person's word against another's. The corroborating evidence need not prove the entire case but must support the allegation that false testimony was given. This protection reflects the serious nature of perjury charges and the need for reliable evidence before someone can be convicted of deliberately lying under oath.

Related offences

Queensland criminal law includes several offences related to perjury that protect the integrity of legal proceedings. These related charges often arise in similar circumstances and carry significant penalties.

Fabricating evidence

Under Section 126 of the Criminal Code, fabricating evidence with intent to mislead a judicial tribunal carries a maximum penalty of seven years imprisonment. This offence covers the creation of false documents, tampering with physical evidence, or manufacturing testimony.

Conspiracy to defeat justice

Section 140 of the Criminal Code addresses conspiracy to obstruct, pervert, or defeat the course of justice, which can include encouraging others to commit perjury. This offence recognises that attempts to undermine justice often involve multiple parties working together.

Defences

There are a number of defences available to a charge of perjury that can result in acquittal if successfully established.

Honest but mistaken belief

It is an effective defence to perjury if the accused genuinely believes the statement to be true or that they gave the wrong answer because they misunderstood the question. The accused could also run the defence that he or she gave incorrect information because he or she had been provided incorrect information by someone else. This defence acknowledges that honest mistakes, memory lapses, or misunderstandings should not result in criminal liability for perjury.

Statement was not false

It is an effective defence to perjury to demonstrate that the statement made by the accused was not false or at least, was true in the literal sense. This defence may involve presenting evidence that contradicts the prosecution's claim that the statement was false, or demonstrating that the statement was technically accurate even if potentially misleading.