Where a charge of making a false statement on oath is framed as irreconcilability of two statements (under cl 6(12) of sch 1 of the Criminal Procedure Act 2004 (WA)), the knowledge element requires proof that the accused knew the relevant statement was false, not merely that the accused knew the statements were irreconcilable. The knowledge element must be considered separately for each statement, as at the time it was made. A trial judge must adequately summarise a complex defence case, particularly where the accused gives elaborate technical evidence at the heart of the defence.
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