Perjury and false statements in NSW.

What is perjury?

Perjury under section 327 is committed by a person who makes a false statement on oath, in or in connection with a judicial proceeding, concerning a matter that is material to the proceeding, knowing the statement to be false or not believing it to be true. Each part of that has to be proved.

The statement can be sworn evidence in court, but it also reaches statements on oath in connection with a proceeding, such as in an affidavit. What matters is that the person swore to the truth of something they knew was false.

What does material mean?

A false statement is only perjury if it is material to the proceeding. That means it is capable of affecting the outcome, or of affecting a decision the court has to make, including a decision about credit. A trivial falsehood that could not influence anything is not material.

Materiality is decided by the court, not the witness. A lie the witness thought was minor can still be material if it bears on an issue the court has to decide.

What are the penalties?

The maximum penalty for perjury under section 327 is 10 years imprisonment. Under section 328 the maximum rises to 14 years where the perjury is committed with intent to procure the conviction or acquittal of a person for a serious indictable offence.

There are related offences. Section 330 deals with a false statement on oath that is not in a judicial proceeding, with a maximum of 5 years. Making or using false evidence and fabricating evidence are dealt with elsewhere in the same part of the Act.

How does perjury relate to perverting the course of justice?

Perjury is one way a person can interfere with the administration of justice, but it is not the only one. The broader offence of perverting the course of justice under section 319 covers a wider range of conduct, such as fabricating evidence, pressuring witnesses, or misleading an investigation.

The same conduct can attract more than one charge. A witness who lies on oath and also tampers with evidence may face perjury and a further charge. The prosecution chooses the charge that fits the conduct.

How is a perjury charge defended?

The defences follow the elements. Was the statement actually false? Did the person believe it was true when they said it, which defeats the mental element? Was the statement material to the proceeding? A genuine mistake, a faulty memory, or an honest but wrong belief is not perjury.

Corroboration has a role. As a matter of practice a person is not usually convicted of perjury on the word of a single witness alone about the falsity of the statement. These cases reward careful attention to the transcript and to what the person actually knew at the time.

Frequently asked.

What is perjury in NSW?

Making a false statement on oath, in or in connection with a judicial proceeding, about a matter material to the proceeding, knowing the statement is false or not believing it to be true. It is an offence under section 327 of the Crimes Act 1900 (NSW).

What is the maximum penalty for perjury?

Ten years imprisonment under section 327, rising to 14 years under section 328 where the perjury is intended to procure the conviction or acquittal of a person for a serious indictable offence.

Does the lie have to matter?

Yes. The false statement must be material, meaning capable of affecting the outcome of the proceeding or a decision the court has to make, including a decision about a witness's credit. A falsehood that could not influence anything is not perjury.

Is a mistake perjury?

No. Perjury requires that the person knew the statement was false or did not believe it was true. An honest mistake, a faulty memory, or a genuine but wrong belief is not perjury.

What is the difference between perjury and perverting the course of justice?

Perjury is lying on oath. Perverting the course of justice under section 319 is broader and covers conduct such as fabricating evidence, pressuring witnesses, or misleading an investigation. The same events can give rise to both charges.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More criminal-law commentary by Aaron Kernaghan.

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