5. Misleading Justice - Conspiring to defeat justice, corrupting juries and witnesses

Question 1

Outline conspiring to defeat justice in S116 CA61?

Answer 1

Every one is liable to imprisonment for a term not exceeding 7 years who conspires to obstruct, prevent, pervert, or defeat the course of justice.

Question 2

What is the course of justice?

Answer 2

The phrase ‘course of justice’ is not defined within the Act. The
administration of justice by the courts is at its heart. The course of justice
includes proceedings initiated and continuing before a tribunal as per
s108(4).

Question 3

Provide examples of misleading justice?

Mus Know

Answer 3

• preventing a witness from testifying
• wilfully going absent as a witness
• threatening or bribing witnesses
• concealing the fact an offence has been committed
• intentionally giving police false information to obstruct their inquiries
• supplying false information to probation officers
• assisting a wanted person to leave the country
• arranging a false alibi
• threatening or bribing jury members

Question 4

Outline corrupting juries and witnesses in S117 CA61?

Answer 4

(a) Dissuades or attempts to dissuade any person, by threats, bribes or other corrupt means, from giving evidence in any cause or matter (whether civil or criminal, and whether tried or to be tried in New Zealand or in an overseas jurisdiction); or
(b) influences or attempts to influence, by threats or bribes or other corrupt means, a member of a jury in his or her conduct as such (whether in a cause ormatter tried or to be tried in New Zealand or in an overseas jurisdiction, and whether the member has been sworn as a member of a particular jury or not);
or
(c) accepts any bribe or other corrupt consideration to abstain from giving
evidence (whether in a cause or matter tried or to be tried in New Zealand or
in an overseas jurisdiction); or
(d) accepts any bribe or other corrupt consideration on account of his or her conduct as a member of a jury (whether in a cause or matter tried or to be tried in New Zealand or in an overseas jurisdiction, and whether the member has
been sworn as a member of a particular jury or not); or
(e) wilfully attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice in New Zealand or the course of justice in an overseas jurisdiction.