What is the penalty for Perjury?

What is the penalty for Perjury?


Perjury: Lying in Court

Perjury is a charged where the prosecution allege that you:

  1. Made a statement on oath;
  2. That statement was made in or in connection with any judicial proceedings;
  3. The statement was concerning any matter which was material to the proceedings;
  4. That statement was false;
  5. Either knew it to be false or did not believe it to be true.

As with any criminal offence, the prosecution must prove beyond reasonable doubt all of the above elements.


What is the penalty for Perjury?

The maximum penalty for Perjury is 10 years imprisonment. Depending on whether the Prosecution elect to have the charges heard before the Local Court of NSW or the District Court of NSW, the penalty for Perjury can range from Community Service to full time imprisonment.


Will I go to jail for Perjury if it is my first offence?

Whether you are sentenced to a term of full time imprisonment will depend on various matters that the court will take into account. If it is your first offence, generally, you will have a fair chance of avoiding a sentence of full time imprisonment.

For more information on sentencing and the different types of penalties available to the court in general, click here.


Will I be charged if I have lied in court?

Whilst it is common that the prosecution have suspicions that a witness has lied in court, prosecutions for perjury are not as common as other “false statement” type offences. This is generally because the prosecution must prove beyond reasonable doubt that you knew that you knew you were lying when you made the statement. Without admissions from the alleged offender, this can often be difficult for the prosecution to prove beyond reasonable doubt.


Should I hire a Criminal Lawyer to represent me in Perjury Charges?

Yes, definitely. Any offence that involves dishonesty/false statement to courts or law enforcement is taken very seriously by our courts. Often lengthy terms of full time imprisonment will be imposed if convicted.

It is extremely important to speak to a Criminal Defence Lawyer if you have been charged.


Call LY Lawyers on 1300 595 299 for a free consultation.