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QLD Other Party Deliberately Lied Under Oath - What Happens?

Discussion in 'Other/General Law Forum' started by Jeannie, 20 August 2014.

  1. Jeannie

    Jeannie Member

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    I attended court whilst the applicant was via phone hookup and the respondants were allowed to have a defense submitted via email 3 hours before the case was heard and then deliberately lied about himself being a plumber. I had no chance of seeing this before the case and had to demand a copy before I left the tribunal. He was able to convince the two people on the phone that he was a plumber when in fact he is not at all.
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Jeannie,

    Under Criminal Code 1899 (Qld) Section 193:

    "
    (1) A person who makes a verified statement that the person knows is false in a material particular when the person is required by law to make the statement in the form of a verified statement commits a crime.

    Maximum penalty—7 years imprisonment.

    (2) The person can not be arrested without a warrant.

    (3) In this section—

    verified statement means—

    (a) a statement made on oath or under another sanction that may by law be substituted for an oath; or
    (b) a statement verified by solemn declaration or affirmation."

    There are a number of factors the Police, charging the person, would need to prove to the District Court beyond a reasonable doubt: see factors.

    Possible defences:

    "
    Possible defences to this offence include but are not limited to

    1. Honest and reasonable belief the statement was true

    2. Oath was not properly administered

    3. Matter sworn to, was not material to the statement.

    4. The accused did not know the statement was false.

    5. Statement was true."
     

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