Author: Una Ebsworth
Practice area: fraud offences
Una is a Director at Doogue + George, recognised by Doyle's Guide as a Preeminent Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 2014 with over 15 years of experience in serious indictable matters. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Una authored this content and last revised it for accuracy on 6 August 2026.
What is the offence of Perjury?
Perjury is an indictable offence under Victorian law arising from the giving of evidence in judicial proceedings. In Victoria, the statutory offence is contained in section 314 of the Crimes Act 1958 (Vic), and the offence also exists at common law.
Key points
- Elements: The accused was under oath; made a false statement; and knew the statement was false
- Conduct: Knowingly giving false sworn evidence in a court proceeding
- Usual Court: County Court
The maximum penalty for Perjury is 15 years’ imprisonment.
Common defences may include lack of knowledge the statement was false; honest belief the evidence was true; no intention to mislead the Court.
Have you been accused of Perjury?
Police Interview
You should get legal advice from one of our lawyers before you attend a Police interview. If you are arrested before you are able to speak with us, tell the Police that you need to speak to your lawyer and we can advise you then. The Police are hoping to get admissions from you regarding the offending and to strengthen their case against you. It is a very rare that anything you say will help your case. The Police are trained in interrogation and in phrasing questions in a way that they can use in Court later to show you are a liar.
Pleading Not Guilty
If you want to contest your charges of perjury you should contact us as soon as you are charged. We can look through your brief and identify gaps in the Prosecution case that you might not see. We can advise you of possible defences to the charges. We can listen to your instructions about the alleged offending and advise you whether you have a reasonable defence.
Pleading Guilty
The judge hearing your case has a wide variety of sentencing options with which they can punish you for your offending. Our lawyers are criminal law experts. Several of our lawyers are accredited criminal law specialist. They can explain to the court the unique circumstances of your offending and your personal circumstances so that the Court is aware of who they are sentencing not just what they have done. We can help you obtain mitigatory material that we can then present to the court to ensure that you receive the fairest sentence possible and get on with your life.
Sentencing
Sentencing in the higher courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Crimes Act 1958 (Vic) s 314 — 42 charges across 15 cases, higher courts, 1 July 2019 – 30 June 2024.
| Outcome | % |
|---|---|
| Imprisonment | 50.0% |
| Community Correction Order | 38.1% |
| Other | 7.1% |
| Fine | 4.8% |
The data indicates a significant likelihood of a custodial sentence at this level, reflecting the seriousness of deliberately giving false evidence in court. When determining penalty, the court will consider factors such as the impact on the justice process, the context in which the false evidence was given and the offender’s prior history. Careful preparation and experienced advocacy are essential where imprisonment is a real possibility.
Sentencing in the Magistrates’ Court of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Crimes Act 1958 (Vic) s 314 — 39 charges across 32 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Outcome | % |
|---|---|
| Imprisonment | 30.8% |
| Community Correction Order | 28.2% |
| Fine | 25.6% |
| Adjourned Undertaking | 15.4% |
These figures demonstrate that custody is a real risk, although courts frequently impose community-based supervision or financial penalties depending on the circumstances. Sentencing will depend on the seriousness of the false statement, its effect on proceedings and the offender’s personal history. Early legal advice can help present the matter in the strongest possible way.
Which court will the case be heard in?
Perjury charges are generally heard by the County Court.
What is the legal definition of Perjury?
Perjury is defined at common law as:
Giving upon oath, in Court, evidence which was material to some question in the proceeding and the person giving the evidence knew that the evidence was false.1
Perjury is defined in the Crimes Act 1958:
- Whosoever commits wilful and corrupt perjury or subornation of perjury shall be liable to level 4 imprisonment (15 years maximum).
- Where in any Act it is provided that any person shall be liable to the penalties of perjury or shall be guilty of perjury or shall be deemed to have committed perjury or any similar expression is used such person shall be deemed to have committed an offence against subsection (1) and may be proceeded against tried and punished accordingly.
- Where by or under any Act it is required or authorized that facts matters or things be verified or otherwise assured or ascertained by or upon the oath affirmation or affidavit of some or any person, any person who in any such case takes or makes any oath or affirmation so required or authorized and who knowingly wilfully and corruptly upon such oath or affirmation deposes swears to or affirms or makes any false statement as to any such fact matter or thing, and any person who knowingly wilfully and corruptly upon oath or by affirmation deposes to the truth of any statement for so verifying assuring or ascertaining any such fact matter or thing or purporting so to do, or who knowingly wilfully and corruptly takes makes signs or subscribes any such affirmation or affidavit as to any such fact matter or thing, such statement affirmation or affidavit being untrue wholly or in part, or who knowingly wilfully and corruptly omits from any such affirmation or affidavit made or sworn under the provisions of any law any matter which by the provisions of such law is required to be stated in such affirmation or affidavit, shall be deemed guilty of wilful and corrupt perjury. Nothing herein contained shall affect any case amounting to perjury at the common law or the case of any offence in respect of which other provision is made by any Act.
Note
Making a false statutory declaration is a separate offence under section 36 of the Oaths and Affirmations Act 2018.
Examples of Perjury
- Giving evidence that your partner was at home with you when they were alleged to have committed an offence, even though they weren’t
- Giving evidence that you were not the driver of the car when you were
- Providing a sworn statement to Police which says that you were not involved in an altercation when you were
Can the Prosecution prove you knowingly provided false evidence?
Legislation
The statutory offence of Perjury is governed by section 314 of the Crimes Act 1958.
Perjury is also an offence at common law.
Elements of the offence
To establish a perjury charge, the Prosecution must prove the following elements beyond reasonable doubt:
- The accused was under oath
- The accused made a false statement
- The accused knew the statement was false
Defences
If a person has been charged with perjury they may rely on the following defences:
- He/she did not intend to mislead the Court
- He/she did not know that their evidence was false
- He/she honestly thought they were telling the truth
Questions in cases like this
- Did you know that your evidence was false?
- Was your evidence false?
- Did you in fact provide a sworn statement?
If you have been charged with perjury, you should call us to discuss your case with one of our experienced lawyers. Deciding on whether to plead guilty or not has huge consequences for you and should be made after proper discussion with a criminal lawyer.
Maximum penalty
Perjury is a serious offence and attracts a maximum sentence of 15 years imprisonment as both a statutory and common law offence.
FAQ About Perjury
Does perjury apply to sworn affidavits filed in court?
Can perjury be committed outside a criminal trial?
Is it still perjury if the false evidence did not affect the case outcome?
How is perjury different from making a false statutory declaration?
Why is perjury regarded as a serious offence?
[1] R v Traino (1987) 45 SASR 47.
