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There are many damages for false testimony, especially regarding a court/legal proceeding, regardless of the level. When the courts rely on the "True" account of a witness to form their sentencing and judgements, some mischievous people have knowingly abused it in an attempt to mislead the court.
The Crimes Act 1900 (NSW) terms perjury and related offences. The Act prescribes severe penalties for those guilty.
If an individual is convicted in a New South Wales court for a perjury offence, the offence will show up as a disclosable court outcome (DCO) on a Criminal History Check result in New South Wales (NSW).
Section 327 of the Crimes Act 1900 (NSW) finds a person is guilty of perjury offences under the law if they, under oath;
The primary offence of perjury is considered an indictable offence and attracts penalties as high as ten years imprisonment.
A person may still be guilty of Perjury under section if they issue a statement regardless of whether a judicial proceeding has commenced or ever commences. It depends on whether the statement is considered material to be a judicial proceeding in any form of the proceeding. Law can make such a determination based on a proceeding likely relating to the statement.
It is an offence for a person to procure or plan the conviction/acquittal of another person by committing perjury in court. Section 328 of the Act prescribes severe penalties reaching 14 years imprisonment for such offences.
For this offence, the court will issue the normal sentencing applicable to the crime they find them guilty of instead of a perjury offence. Section 329 guides the court when making such pronouncements.
A person guilty of section 330 of the Act is charged with the offence of making a false statement and;
Is liable to an offence that attracts imprisonment of 5 years.
Section 331 of the Crimes Act 1900 (NSW) will sentence a person for an offence of perjury or similar if the jury is satisfied that;
Following section 334 of the Crimes Act 1900 (NSW), It is irrelevant to a charge of perjury in court that;
A person can be required to give evidence even while not under an oath as defined in the Evidence on Commission Act 1955 (NSW). A person who gives a false statement or evidence in writing or orally and knows such to be false is guilty of the offence that incurs penalties up to 5 years imprisonment.
It is an offence for a person to make a false entry into a public register for any illegitimate intention. It includes where such entry is useful or supervised by a public officer, and the person knows the statement to be false under the law.
Under section 336 of the Crimes Act 1900 (NSW), it attracts imprisonment up to 5 years imprisonment.
Section 332 states certain circumstances that can prove a lifeline for people charged with Perjury offences.
The accused can be granted an acquittal because of the instrument given in evidence for all trial purposes. And not because of the defect or informality of the instruments used.
Section 333 describes a serious offence for a person to procure, induce or persuade another to give a false testimony that leads to subornation of perjury. It is an offence that incurs up to 7 years imprisonment.
Section 333 of the Crimes Act 1900 (NSW) describes the various cases for such offences.
A person who commits subornation of perjury is guilty of a serious indictable offence in NSW. Subsection 2 of s333 describes an offence reaching 14 years imprisonment.
Section 338 lists all permissible cases and proceedings for a perjury offence in NSW. Subsection 1 states that a person cannot be prosecuted for the offence of perjury unless by;
Subsection 2 of s338 of the Crimes Act 1900 (NSW) states that where it is impractical for a person to apply for leave to prosecute the matter, it may go on with leave from the Supreme Court.
A person cannot be prosecuted for Perjury under the law unless they have received the consent of the Director of Public Prosecutions.
Many other offences are similar to perjury, especially when viewed holistically. However, while these offences are not usually handled as Perjury before a legal proceeding, they may share similar elements.
Section 317 of the Crimes Act 1900 (NSW) defines an offence where a person with the intent to mislead a legal court or sitting;
The person is guilty of an offence that incurs ten years of imprisonment.
Where a person uses any means or material under their capacity or legal control to;
Is guilty of an offence that attracts as much as 14 years imprisonment.
A person is guilty of such offence if they attempt to pervert or obstruct justice through any intentional action. It includes where the person uses any reasonable means within their reach to obstruct the course of justice.
It is an offence that attracts as much as 14 years imprisonment.
It is an offence under section 321 of the Act for a person to
It is an offence that carries the maximum punishment of 10 years imprisonment under the law.
A person (witness) is also guilty of this offence if they agree or accept to any benefit or material gains in the understanding that;
It is an offence that attracts penalties of up to 10 years imprisonment for the guilty person.
It is an offence under section 322 for a person to threaten or cause any violence, detriment or injury to a person who is;
It is an offence that attracts penalties of up to 10 years imprisonment.
If an individual is found guilty of a perjury offence in NSW, the offence will show up as a disclosable court outcome (DCO) on the results of their police clearance check.
Individuals can obtain a nationally coordinated criminal history check online via the Australian National Character Check - ANCC® website.
Crimes Act 1900 (NSW) - https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040
Evidence on Commission Act 1955 (NSW) - https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1995-026
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