Facing charges of Perjury or Attempting to Pervert the Course of Justice in Qld?

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Choosing the best criminal defence lawyer in Qld

Perjury under Section 123 of Criminal Code 1899 (Qld) or Attempting to Pervert the Course of Justice under Section 140 of Criminal Code 1899 (Qld) can often result in imprisonment.

If you are charged, seeking early legal advice from an experienced Brisbane criminal lawyer will make a difference to the outcome.

Call us for a confidential discussion or fill in our Quick Enquiry form to receive a link to our free guide, 16 Things You Need to Do Now if Charged with a Criminal Offence. 

Case examples of Perjury or Attempting to Pervert the Course of Justice in Qld

  1. R v Smith [2000] 116 A Crim R 447; [2000] QCA 390; BC200006958 – A former police officer was found guilty of lying under oath to coneal his own offences of official corruption. The Court stressed how serious perjury is because it undermines the justice system. He received a 2 year prison sentence, with the appeal court increasing the time he had to serve before suspension from 2 months to 6 months.

  2. R v Hunter; Ex parte Attorney-General [2000] QCA 97; BC200001493 – A 31-year-old woman with no prior record lied under oath in civil court proceedings for her own financial gain. On appeal her sentence was increased to 3 years with parole eligibility after serving 12 months in prison.

  3. R v Layne [2012] QCA 227; BC201206262 – The accused, charged with unlicensed driving, lied in the Magistrates Court by saying she was not the driver. A jury convicted her of perjury. She was sentenced to 2 years in prison, suspended after 9 months, with a 3 year operational period.

  4. R v Dodd [1985] 2 Qd R 277 – This case confirmed that when someone commits perjury to try to have another person convicted, it does not matter whether they knew the maximum penalty for that crime. What matters is that they knew the type of crime for which they were giving false evidence.

Overall, Queensland courts regard perjury as a serious offence. Imprisonment is often imposed, even if it is a first offence. Early advice from experienced criminal defences lawyers are critical to give you the best outcome.

FAQ - Keypoints Perjury or Attempting to Pervert the Course of Justice in Qld

  • Perjury (Section 123 & 123A of Criminal Code 1899 (Qld) is when a person knowingly provides false testimony in a judicial proceeding or for the purpose of instituting one.

    It may involve written or oral statements, and applies even if evidence was not given under oath, as long as the person agreed to speak the truth under a legally binding process.

    The false testimony needs to touch upon a matter which is material.

    A person who gives false testimony through mere inadvertence is not guilty of perjury.

    Attempting to Pervert the Course of Justice (Section 140 of Criminal Code 1899 (Qld) includes any action taken to obstruct, prevent, pervert, or defeat the course of justice. Examples include:

    • Influencing or pressuring witnesses

    • Fabricating or tampering with evidence

    • Interfering with legal proceedings

    • Attempting to manipulate the outcome of a trial

  • If convicted, the penalties for these offences are serious:

    • Perjury – maximum penalty of 14 years imprisonment

    • Perjury to convict another of a life offence – punishable by life imprisonment

    • Attempting to pervert the course of justice – maximum penalty of 7 years imprisonment

    When sentencing, the court will consider factors such as:

    • The impact of the false testimony or obstruction on the legal process

    • The personal circumstances of the defendant

    • Any prior criminal history

  • Possibly. In the case of R v Houda (QCA, No 334 of 1993, 20 December 1999, unreported, BC9302671), the court found that ‘testimony’ includes an affidavit and that the defendant’s signature on it can be used as evidence that the facts within it are true.

  • Our criminal defence lawyers approach each case strategically, assessing the evidence and circumstances to identify the best defence.

    Possible defences include:

    • Lack of intent – you did not knowingly provide false testimony or deliberately attempt to pervert justice

    • Honest and reasonable mistake – the statement was made due to a misunderstanding or error, not deliberate dishonesty

    • Insufficient evidence – the prosecution cannot prove that you made the statement

    • Coercion or duress – you were pressured or forced

    Also, for perjury charges, the prosecution must prove that the statement was false. Under the ‘two witnesses rule,’ falsity cannot usually be proved by the evidence of a single witness alone. The prosecution must rely on:

    • Two witnesses, or

    • One witness with corroborating evidence

    This rule reflects the seriousness of perjury charges and the need for strong proof.

    Also, in some cases, another strategy may be to negotiate with the prosecution for either charges to be withdrawn or reduced.

    • Do not discuss the case with anyone except your lawyer.

    • Do not attempt to correct or alter previous statements without legal advice.

    • Retain any useful evidence including electronic evidence.

    • Do not contact the complainant or any potential witnesses.

    • Seek legal representation as soon as possible.

Facing serious charges in Qld?

If you or someone you know needs urgent legal advice, contact us now.

Call us on (07) 3012 6531 or fill in our Quick Enquiry form for a confidential discussion with our Brisbane criminal lawyers. 

Call (07) 3012 6531