Sections 193 of the Criminal Code Queensland provides that any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath or under some sanction which may by law be substituted for an oath, or is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in any material particular, is to the person’s knowledge false, and verifies it on oath or under such other sanction or by solemn declaration or affirmation, is guilty of a crime.

To prove this offence, the police need only show the court beyond a reasonable doubt that:

1. On an occasion in which the accused was making a statement touching on any matter in which the statement was required by law to be made on oath;

2. The accused made a statement touching such matter;

3. The statement contained a material particular which was false;

4. A particular is material if it was of such significance that it was capable of affecting the decision of a person who would be acting on the statement;

5. The accused knew it was false at the time;

6. The accused verified the statement on oath.

Further, an accused cannot be convicted based on any uncorroborated evidence of a witness.

The defences available to this crime is honest and reasonable belief the statement was true, the oath was not properly administered, the matter sworn to was not material to the statement, that the accused did not know the statement was false or that the statement was actually true.

The maximum penalty for this crime is 7 years imprisonment. That’s why you need to talk to one our experienced lawyers now to ensure you are given the right advice.