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QLD Lying in Affidavit - Guilty of Perjury?

Discussion in 'Criminal Law Forum' started by Dwayne Harry, 9 December 2016.

  1. Dwayne Harry

    Dwayne Harry Well-Known Member

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    Fantastic and extremely valuable information. Thank you very much for your input.
     
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  2. Dwayne Harry

    Dwayne Harry Well-Known Member

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    So I went to the DPP with my claims of Perjury, all 32 pages of absolute factual evidence, which I spent many hours compiling, that proves conclusively that my Wife lied in her affidavits'.

    The DPP then dismissed me without even looking at the evidence because the case had already been to court on the 3rd of December.
    I wasn't aware that Perjury charges had to be made during initial Court proceedings.

    I'm now considering Criminal Defamation for her lies?
     
    Timnuts likes this.
  3. Rod

    Rod Well-Known Member

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    Doesn't seem correct. Criminal Code 1899 - SECT 123 Perjury does not require charges to be made during court proceedings. The false evidence needs to be given in judicial proceedings but charges for perjury using this false evidence can be laid at any time.

    Sounds like the DPP doesn't want to take on your case. May be able to appeal the decision, or suggest this is nonfeasance on the part of the DPP and ask if they will reconsider.

    Criminal defamation requires the DPP/police to take action. Based on your lack of success for perjury it does not bode well for you.

    Civil defamation may be something you can do if she has published false statements affecting you outside of legal papers (ie to family and friends).
     
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