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QLD Are False Statements Considered as Criminal Defamation?

Discussion in 'Defamation Law Forum' started by Dwayne Harry, 7 January 2017.

  1. Dwayne Harry

    Dwayne Harry Well-Known Member

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    If a person, knowingly and deliberately, writes false statements in an affidavit that are completely untrue and defamatory of another person, which causes them physical, emotional and psychological harm, as well as enormous financial loss, is that Criminal Defamation?

    Furthermore, do you have to prove this in a Civil Lawsuit prior to having them charged for with Criminal Defamation or can you have them charged with the crime and then proceed with Civil Action?
     
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  2. Rod

    Rod Well-Known Member

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    Civil action is something you control. Note that you must generally commence civil action within 12 months of the material being published.
     
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  3. Victoria S

    Victoria S Well-Known Member

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    If the defamatory statements are made in a court proceeding, the defence of absolute privilege will usually apply so you can't succeed against them. If untrue statements are made in an affidavit then the maker will be guilty of perjury.

    Generally criminal defamation involves making defamatory statements about a person knowing they are untrue with intent to cause serious harm.
     
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  4. Joelene

    Joelene Member

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    Hi Dwayne and other members,

    I am also trying to assist a colleague with any info possible, who had a similar question, and I was wondering if you had any additional info / results that might help my colleague since your original post?

    A person made a false witness statement (In a police station and a written statement was taken on paper) against my work mate approx 1.5years ago. The person has recently just admitted directly to my workmate that his statement given to police was false. Obviously my workmate is extremely annoyed and is wanting to know if he can take action against the person.

    Just to add:

    My workmate did a small thing wrong, and pleaded guilty at first appearance with no conviction recorded to the matter. The person who made the statement was not involved in the incident, but he was friends with the plaintiff, so hence he was asked to make a statement by the plaintiff, albeit false. The person has admitted in writing to my colleague he made it only because the plaintiff asked him to.

    I searched the defamation / perjury info as best I could, but can't find a direct link - my workmate is wondering about any sort of criminal charge or defamation charge. He is also asking can any action be taken against the plaintiff who obviously set this up intentionally?

    I did note that defamation is a one year time limit, but can be extended in certain circumstances, may read the fact he only just found out about this ?

    Cheers if you can add anything new or results or extra info.
     
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  5. Rod

    Rod Well-Known Member

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    What does your workmate want to achieve? To be cleared of first charge? Compensation? Other?
     
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