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NSW Admitting to Perjury in a Murder Trial - Consequences?

Discussion in 'Criminal Law Forum' started by PaulD, 21 January 2015.

  1. PaulD

    PaulD Member

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    Recently a colleague was charged and imprisoned for murder after an affair turned into an argument and in the scuffle that ensued the a knife was produced by the victim who ended up being stabbed during the argument and died.

    The marital partner of the convicted gave police on multiple occasions a statement that she was unaware and that she had never seen critical evidence linked to the murder.

    Despite multiple police interviews where she denied any knowledge, two days before the trial after police pressure she changed her testimony to say she had cited the critical evidence and was suspicious of its presence.

    She has since admitted to friends and the convicted that she changed her testimony because she was angry and felt police pressure to do so.

    She is now wanting to admit to lying ( perjury ) as her statement was instrumental in the determination of the court.

    But she is concerned about the penalty for purjory given they have three dependent children.

    This was a NSW hearing and the wife resides in Qld. Does this have a bearing on her admitting to perjury and the penalty and is it an extraditable offense?

    These people are relatively wealthy, but the convicted has no access to money as it is the subject of a stalemate family court settlement.

    He has a strong chance of his wife admitting to lying if she could understand the potential ramifications to be able to evaluate her personal impact.

    Can you please advise?
     
  2. Victoria S

    Victoria S Well-Known Member

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    From what you've said, the perjury was committed in a NSW court. Perjury in NSW is a serious offence and the penalty is up to 10 years' imprisonment (see section 327 of the Crimes Act 1900 (NSW)). While the court has the discretion as to the penalty it imposes (which may be something lesser like a suspended sentence, community service order or good behaviour bond), you can read this news article where a lady was convicted for perjury and was penalised with a jail sentence.
     
  3. PaulD

    PaulD Member

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    Hi and thanks for your response and yes I was aware of the maximum potential penalty, I guess my question was more to a couple of other key items.

    1) Can she be extradited from Qld for perjury

    2) if she committed perjury due to police pressure and duress does this have a bearing on the determination and penalty ?
     

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