Perjury is the offence of knowingly giving false evidence under oath or affirmation in a judicial proceeding. In Queensland, it is defined under Section 123 of the Criminal Code 1899 (Qld) and applies whether the false evidence is given orally in court or in writing, such as an affidavit. It is treated as a very serious crime because it undermines the integrity of the justice system and can carry a maximum penalty of 14 years’ imprisonment.

In Queensland, perjury is punishable by up to 14 years’ imprisonment under Section 124 of the Criminal Code 1899 (Qld). If the false evidence was given with the intention of causing another person to be convicted of a crime that carries a life sentence, the maximum penalty increases to life imprisonment. Courts treat perjury as extremely serious because it strikes at the heart of the justice system and can lead to wrongful convictions or miscarriages of justice.

To convict a person of perjury under Section 123 of the Criminal Code 1899 (Qld), the prosecution must prove each of the following beyond reasonable doubt:

- Judicial proceeding – the accused was lawfully sworn (or affirmed) to give evidence in a court or tribunal, or for the purpose of instituting a judicial proceeding.

- False testimony – the accused gave evidence that was false, either orally (in court) or in writing (such as an affidavit).

- Material matter – the false evidence related to a matter that was material to the proceeding (capable of affecting the outcome).

- Knowledge – the accused knew the evidence was false at the time it was given.

It is not enough that the evidence was wrong — the prosecution must prove that the accused knowingly lied about something important to the case.

There are several legal defences that may apply to a charge of perjury in Queensland, including:

- Lack of knowledge – if you did not know the evidence was false at the time, you cannot be guilty of perjury.

- Not material – the false statement must relate to a material matter in the proceeding. If it was about something irrelevant, it is not perjury.

- Honest mistake or belief – if you genuinely believed your evidence was true, even if it later proved to be wrong, this can be a defence.

- Procedural issues – the prosecution must prove you were lawfully sworn or affirmed, and that the proceeding was a judicial one. If these elements are not established, the charge may fail.

Perjury requires proof of a deliberate lie under oath. Honest mistakes, misunderstandings, or immaterial errors are not enough for a conviction.

A conviction for perjury in Queensland carries very serious consequences:

- Severe penalties – under Section 124 of the Criminal Code 1899 (Qld), the maximum penalty is 14 years’ imprisonment, or life imprisonment if the false evidence was intended to convict another person of a life‑punishable offence.

- Criminal record – perjury is a dishonesty offence, and a conviction will remain on your record, affecting employment, professional licences, and international travel.

- Impact on credibility – courts, employers, and licensing bodies treat perjury as a direct attack on honesty and integrity, which can damage your reputation permanently.

- Personal and financial consequences – a conviction can affect family life, business opportunities, and future prospects.

Courts view perjury as one of the most serious offences against the administration of justice. Even if no one was directly harmed, a conviction can follow you for life and limit your opportunities far beyond the courtroom.

Being charged with perjury is one of the most serious allegations a person can face. At Coral Coast Law, we understand the stress and uncertainty these charges bring, and we know how much is at stake for your future.

We can:

- Act quickly to protect your rights from the earliest stage of the investigation.

- Examine the evidence in detail to determine whether the alleged false statement was truly material and whether it can be proven you knowingly lied.

- Identify available defences, such as honest mistake, lack of knowledge, or immateriality of the statement.

- Negotiate with prosecutors to reduce the seriousness of the charge or seek alternatives to a conviction.

- Represent you in court to fight for the best possible outcome.

Perjury charges are not only about punishment — they can have lasting effects on reputation, credibility, and future opportunities. Strong legal representation is vital to safeguard rights and pursue the best possible outcome.