Perjury and related offences against the administration of justice are treated very seriously by the Victorian courts, with perjury carrying a maximum of 15 years’ imprisonment. McMahon Criminal Defence Lawyers defends these charges in the Magistrates’ Court and the County Court on fixed fees.
What is Perjury?
Under section 314 of the Crimes Act 1958, perjury is committed where a person makes a statement on oath, affirmation, declaration or affidavit that they know to be false or do not believe to be true, in circumstances where they are under an obligation to tell the truth. It applies to evidence given in court, but also to sworn statements such as affidavits. The maximum penalty is level 4 imprisonment (15 years).
Related Offences
- Perverting the course of justice — conduct intended to interfere with the proper administration of justice, such as fabricating or destroying evidence or pressuring a witness;
- Making a false report to police;
- Subornation of perjury — procuring another person to commit perjury; and
- Commonwealth perjury — in federal proceedings, carrying a maximum of 5 years under Commonwealth law.
What the Prosecution Must Prove
- the accused made a sworn or affirmed statement;
- the statement was false;
- the accused knew it was false or did not believe it to be true; and
- the statement was material to the proceeding.
Defending the Charge
- The statement was true, or not shown to be false;
- No knowledge of falsity — an honest mistake or genuine belief in the truth of the statement;
- The statement was not material to the proceeding;
- Procedural and evidentiary challenges; and
- Negotiated resolution.
These are complex, document-heavy prosecutions where early, careful analysis is essential. Contact us for advice.
Frequently Asked Questions
What is the maximum penalty for perjury in Victoria?
Perjury under section 314 of the Crimes Act 1958 carries a maximum of 15 years’ imprisonment. Where heard summarily in the Magistrates’ Court, a lower maximum applies. Perjury in Commonwealth proceedings is a separate offence carrying a maximum of 5 years.
Does perjury only apply to lies told in court?
No. Perjury applies to false statements made on oath, affirmation, declaration or affidavit whenever you are under an obligation to tell the truth. This includes evidence in court but also sworn documents such as affidavits filed in proceedings.
Is an honest mistake a defence to perjury?
Yes. Perjury requires that you knew the statement was false or did not believe it to be true. If you made an honest mistake, or genuinely believed your statement was true, the offence is not made out. The prosecution must prove your state of mind.
Does the false statement have to matter to the case?
Generally, yes. The false statement must be material to the proceeding. A trivial or irrelevant falsehood that could not have affected the proceeding may not satisfy this element, depending on the circumstances.
What is perverting the course of justice?
It is a separate, serious offence involving conduct intended to interfere with the proper administration of justice — such as fabricating or destroying evidence, or pressuring a witness. It is often charged alongside or instead of perjury and is treated very seriously by the courts.
Get Expert Legal Advice — Fixed Fees, No Surprises
McMahon Criminal Defence Lawyers provides experienced, fixed-fee representation for this charge and all criminal matters, appearing at the Ballarat Magistrates’ Court and across Victoria. Contact us for a free, confidential initial consultation.
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