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NSW Re-trial of Criminal Law Matter After Witness Admits Perjury?

Discussion in 'Criminal Law Forum' started by Avovic, 27 August 2014.

  1. Avovic

    Avovic Active Member

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    Re-trial after admission of perjury by witness
     
  2. Amanda E

    Amanda E Well-Known Member

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    Hi Diane,
    Which court was it in?
    What kind of matter was it and has it been decided?
    Was the outcome of the matter influenced by the witness' testimony? If so, then this may be a valid reason to either throw out the charges or have a re-trial.
    When, where and to whom did the witness admit that they committed perjury?
    Have the police been made aware of the perjury? The police can prosecute the witness and the penalties for perjury in NSW can range from a fine or suspended sentence to the maximum penalty of 10 years imprisonment (section 327 of the Crimes Act 1900 (NSW)). See the NSW Police Handbook which sets out what is required for the police to prosecute an offence of perjury (essentially: unless by admission, it can be hard to prove.)
     
  3. Avovic

    Avovic Active Member

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    It was in a district court. It was a charge of grevious bodily harm, and detain for advantage. I was the victim. The perpetrator was my ex-partner. I lied in court. Magistrate said he knew I had lied but had no choice except to not find him guilty. Police know I lied but I suppose are not formally aware that I lied, i.e. I have not admitted it to them yet. I am aware I can be prosecuted for perjury. I would like to admit to perjury and have my ex-partner re-trialled and wonder if it is worth the effort. I have not been with him with two years, but recently he has broken my front door down to demand money, and has broken into my car and caused major damage because I wouldn't answer my phone and give him money. I'm frightened.
     
  4. Rod

    Rod Well-Known Member

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    Why go for re-trial? Go after him on new charges.
     
  5. Avovic

    Avovic Active Member

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    New charges? He's just been to court on the door and car and got off. He nearly killed me. He needs to pay for that.
     
  6. Rod

    Rod Well-Known Member

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    Sorry, thought you were referring to new events after the trial.
     
  7. John R

    John R Well-Known Member

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    Hi Diane,
    1. You should consider taking independent legal advice before making a statement to the prosecutor and/or court in relation to not telling the truth in court. My (very) limited understanding is that you may be subsequently charged with perjury but that this charge would not affect your former partner because you would likely be considered an unreliable/hostile witness in relation to his prior charges.
    2. In relation to your current state (that is, being frightened), you should strongly consider attending your local police station and requesting an apprehended violence order (AVO) against your former partner. Please see LawAssist NSW - Getting an AVO for further information.
    3. If your real name is your current username, please consider changing your username to better protect your privacy: http://www.lawanswers.com.au/account/UserNameChange
    All the best. Please keep us updated with your progress.
     
  8. Avovic

    Avovic Active Member

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    Thanks John. Ive had AVO's out for the past seven years with no effect. You're right, I shld get legal advice before doing anything. I wouldn't mind being charged except for the fact that I may then be an unreliable witness :(
     
  9. Avovic

    Avovic Active Member

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    No, he got off on the old charges four years ago. Days ago he got off the recent charges because he told them they were all drug related and he was now undergoing drug rehab. He's always going into drug rehab before he goes to court. Day after court he goes back to using. Its just a vicious circle that I suppose will end one day. I just regret that he was never sentenced for the GBH and detain.
     

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