R v Keli LANE [No 22] [2010] NSWSC 1549

R v Keli LANE [No 22] [2010] NSWSC 1549

Having regard to the terms of the Adoption Act, the other legislation referred to during argument, and the facts outlined during argument, the Court was not satisfied that the Crown established materiality in relation to any of the three perjury charges.

Jurisdiction
Australia
Judgment Date
24 November 2010
Procedural Posture
Criminal Prosecution / Procedural Ruling During Trial
Outcome
The Court ruled that materiality was not established for any of the three perjury charges.
Legal Topics
['perjury' 'materiality' 'false Statement on Oath' 'adoption Affidavits']
['criminal Law'] ['perjury' 'materiality' 'false Statement on Oath' 'adoption Affidavits']

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Procedural Posture

Criminal Prosecution / Procedural Ruling During Trial

Legal Issues

  1. 1 ['Whether each of the three statements alleged to have been made by the accused in affidavits was material to the proceedings, that is, practically relevant to the issues in the proceedings.']

Ratio Decidendi

Having regard to the terms of the Adoption Act, the other legislation referred to during argument, and the facts outlined during argument, the Court was not satisfied that the Crown established materiality in relation to any of the three perjury charges.

Court Disposition

The Court ruled that materiality was not established for any of the three perjury charges.

Orders

  • ['The jury will be directed to acquit the accused of each perjury charge.' 'The jury will be invited as an alternative to consider whether the accused should be convicted in each case of making a false statement on oath.']