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7.8.1.2 - Checklist: Statutory Perjury

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Three elements the prosecution must prove beyond reasonable doubt:

1. The accused made a false statement; and

2. The accused made the false statement under oath or on affirmation; and

3. The accused knew the statement was false or did not believe it was true.

 

False Statement

1. Did the accused make a false statement?

Consider There must be evidence supporting the primary witness’ evidence that the statement is false.

If yes, then go to 2

If no, then the accused is not guilty of perjury

Oath or affirmation

2. Did the accused make the false statement on oath or under affirmation?

If yes, then go to 3.1

If no, then the accused is not guilty of perjury

Knowledge that the statement was false

3.1 Did the accused know the statement was false?

If yes, then the accused is guilty of perjury (as long as you also answered yes to questions 1 and 2)

If no, then go to 3.2

3.2 Did the accused believe the statement was true?

Consider – The accused is not guilty of perjury if he or she honestly but mistakenly believed that the statement was true

If no, then the accused is guilty of perjury (as long as you also answered yes to questions 1 and 2)

If yes, then the accused is not guilty of perjury

Last updated: 11 July 2018

See Also

7.8.1 - Statutory Perjury

7.8.1.1 - Charge: Statutory Perjury