Perjury and Attempting to Pervert Justice

Have you been charged with Perjury or Attempting to Pervert Justice?

A charge of Perjury under Section 123 or Attempting to Pervert Justice under Section 140 of Criminal Code 1899 (Qld) are serious offences in Queensland and can often result in severe penalties, including imprisonment.

These offences are considered serious because they involve misleading the judicial system, interfering with justice, or obstructing the fair administration of law. Courts treat such offences with strict penalties to uphold the integrity of the legal process.

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

Our highly experienced criminal defence lawyers have extensive experience in defending these types of charges. Contact us today to see how we can help your case.

What is Perjury and Attempting to Pervert Justice?

Perjury (Section 123 & 123A of Criminal Code 1899 (Qld) occurs when a person knowingly provides false testimony in a judicial proceeding or for the purpose of instituting one. Perjury may involve written or oral statements, and applies even if the testimony was not given under oath, as long as the person agreed to speak the truth under a legally binding process.

Attempting to Pervert Justice (Section 140 of Criminal Code 1899 (Qld) occurs when a person takes any action to obstruct, prevent, pervert, or defeat the course of justice. This can include influencing witnesses, fabricating evidence, interfering with legal proceedings, or attempting to manipulate the outcome of a trial.

What is the penalty?

If convicted, the penalties for these offences are severe:

• Perjury - maximum penalty of 14 years imprisonment

• If perjury is committed to convict another person of an offence punishable by life imprisonment, the offender may face life imprisonment

• Attempting to Pervert Justice - maximum penalty of 7 years imprisonment

Courts take these offences seriously, and sentencing is influenced by:

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

• The personal circumstances of the defendant

• Whether the accused has any prior criminal history

What are strategies to defend Perjury and Attempting to Pervert Justice?

Our experienced criminal lawyers take a strategic approach to each case, carefully analysing the evidence and circumstances to develop the strongest defence.

Common defences may include:

• Lack of intent - The accused did not knowingly provide false testimony or attempt to pervert justice.

• Honest and reasonable mistake - The false statement was made due to a misunderstanding or mistake, rather than deliberate dishonesty.

• Insufficient evidence - The prosecution does not have enough proof beyond a reasonable doubt.

• Coercion or duress - The accused was pressured or forced to make a false statement or take actions that perverted justice.

In some cases, negotiations with the prosecution may lead to charges being withdrawn or reduced.

What should I do if I have been charged?

To speak with a Brisbane criminal lawyer get in Contact now.