If you’ve seen any courtroom dramas before, chances are that you’ve probably encountered the term perjury. However, what television and movies often fail to highlight is the gravity of perjury and its consequence. In this post, we take a closer look at what exactly perjury is, the consequences of perjury in Australia and how you can avoid committing it.
What is Perjury?
In Australia, perjury is a criminal offence that you can be charged with if you are found to have told a lie in court or in a written statement whilst under oath. It is possible for you to commit perjury in both civil and criminal proceedings. Some common instances where people may commit perjury include:
- Making a false statement while testifying in court in order to help out a friend or family member who is involved in the legal proceedings.
- Providing a signed affidavit or statement to the court that contains misrepresentations about the truth.
- Lying or submitting a false statement in order to get someone charged with a criminal offence.
Consequences of Perjury
Because of the serious nature of the crime, perjury carries with it significant consequences. In the state of Victoria, you could be sentenced to a jail term of up to 15 years and fined up to $332,856 if you are found guilty of committing perjury. The final sentence that you receive will ultimately depend on several factors such as the extent of your perjury, your intentions while committing perjury and the impact that your perjury has had on the legal proceedings at hand.
How to Avoid Committing Perjury
If you want to avoid committing perjury and the associated consequences of doing so, here are some things that are important for you to bear in mind:
- Remember that honesty and truthfulness are the most important things in any legal proceedings. When you testify under oath, ensure that you uphold your oath by not saying anything that is untrue.
- Before providing any testimonies or submitting any signed statements, ensure that you review them thoroughly to confirm that everything you have said or are going to say is truthful.
- If you are unsure about the answers to certain questions that have been asked of you, instead of providing a clear and definite answer, seek clarification or make it clear that you are not certain.
The Importance of Seeking Legal Advice
If you are involved in legal proceedings of any sort, seeking legal advice is crucial as criminal lawyers can help to address any queries or uncertainties that you might have, helping you avoid committing perjury. This is especially important in criminal proceedings as your testimonies and statements can have a significant impact on whether justice is served.
Leanne Warren & Associates is a leading firm of criminal barristers in Melbourne and our team of expert lawyers has decades of experience helping clients deal with criminal cases of all sorts. For more information about how we can help, contact us today!
