QLD False Allegations of Domestic Violence - Perjury?

Discussion in 'Criminal Law Forum' started by Lola8, 15 December 2017.

  1. Lola8

    Lola8 Member

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    I'm in the process of going to trial in the district court arising from false allegations having been made and believed by the police. I've heard that accusers are not being charged with perjury in a Domestic Violence related matter. Is this true? Can hardly believe that an estimated $200k + has to be spent to defend this matter.

    There has literally been no opportunity to present evidence which will expose these allegations as being false. Very disillusioned with our law/court systems.
     
  2. James Dylan

    James Dylan Well-Known Member

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    Hey

    I'm not a lawyer, so take this response with a grain of salt.

    DV is inherently a civil matter, so I don't think perjury would apply. Plus the DPP are often reluctant to go down the lines of charging someone with perjury.

    Police get misleading/incorrect information all the time (ex cop). It's their duty to investigate the matter, and if there is other compelling evidence that can create a case which a reasonable person would believe the offence was committed beyond a reasonable doubt, then they have to run with it in Court. If it comes to light later on, that the initial statement was incorrect, or that the witness had lied to the officer, then so be it. Case dismissed. The initial witness probably wont be charged, because all they have to say is that they believed the information to be true at the time = No perjury.

    As for the lack of opportunity to present evidence in Court, that just comes down to what stage of the Court proceedings that the case is up to. Everything starts with a "Hearing", where the Magistrate literally just hears what the charge is. No evidence offered, just the outline of the QP9 (police brief). Then it progresses on...
     
  3. AllForHer

    AllForHer Well-Known Member

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    Perjury is a fickle mistress, so to speak, because it's immaterial that what they said in Court was false if they believed it was true at the time that they said it.

    Is this a criminal matter, such as being charged with an offence relating to DV? Or is this a civil matter, such as defending against an application for a domestic violence order?
     
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  4. Muxaul

    Muxaul Well-Known Member

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    Say for an incident when person A was abusive to person B, while B wasnt abusive at all, but then A told the police that B was abusive and police applied IVO/AVO against B on person A’s behalf. Later on in trail person B brought out an recording of that incident and shows that A was the abuser. In this case will Police charge A for perjury?

    Because to me person A clearly knows who was abusive at the time, and knowingly made false allegation.
     
  5. James Dylan

    James Dylan Well-Known Member

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    Even then, person A just has to say that they perceived person B to be abusive. From a Magistrate’s perspective, it might look like person B was the innocent victim who did absolutely nothing, but in person A’s mind they may read into person B’s behaviour as being abusive towards them.

    That’s why perjury is so fickle. You literally have to get person A to admit that what they told police was wrong, and that they knew it was wrong at the time of telling the police. Every other scenario can be explained away.
     
  6. Muxaul

    Muxaul Well-Known Member

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    Thanks. What if Person A claims that he/she was denied access to money by B for a period of time, but at the trail person B shows an evidence and proves that person A not only had the bank card but also the pin and spent money from that account during alleged period in an Australian merchandise, and it was impossible for person B to spent this money as person B was in overseas?

    Can this prove person A’s perjury?
     
  7. James Dylan

    James Dylan Well-Known Member

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    Person B’s solicitor might be able to prove that person A lied, and that will go towards discrediting person A. But probably still won’t be charged with perjury.

    I only know of one successful perjury incident. And it involved a police officer giving false evidence in a Supreme Court hearing for a criminal matter. In such instance, police know not to lie and are expected to hold onto that integrity. It’s literally engrained into their training. They’re held to a much higher standard. But if an ordinary civilian lies, then bad civilian. But they’re held to a much lower standard of integrity.

    And it’s Family Court. Everyone lies because it often involves the pressures of relationships and children etc.
     
  8. AllForHer

    AllForHer Well-Known Member

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    The claim of perjury about denying access to money is, again, fickle. "I feared that if I accessed too much money, it would compel them to call me names or hit me." What are you going to do? Suggest they were lying about their own perception of fear? That their feelings were fraudulent?

    As the above said, it's Family Court. Learn where you need to focus your attention and you'll find yourself in much greater favour with the Court than if you carry on trying to have the ex 'pinned' with something as fickle as perjury.
     
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  9. Keelan

    Keelan Member

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  10. Muxaul

    Muxaul Well-Known Member

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    What's the story on this?
     
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