At the beginning of March 1833, Thom intervened in the case of some Faversham smugglers, acting as a witness for the defence. The smugglers were nevertheless convicted, and Tom himself was prosecuted for perjury. His trial took place on 25 July at the Kent Summer Assizes at Maidstone before Mr Justice Parke and a crowded court. Evidence was heard from the Vicar of Boughton-under-Blean that Tom had actually been at church at the time he claimed to have witnessed events off the Goodwin Sands. In spite of the testimony of a number of character witnesses, the jury returned a verdict of guilty and Tom was sentenced to three months imprisonment and seven years transportation to Australia.