5. Misleading Justice - Elements Flashcards
What are the elements of the offence of perjury?
Must Know
- a witness making any
- assertion as to any matter of fact, opinion, belief, or knowledge
- in any judicial proceeding
- forming part of that witness’s evidence on oath
- known by that witness to be false, and
- intended to mislead the tribunal
Who is a witness?
Must Know
A witness is a person who gives evidence and is able to be cross-examined in a proceeding. This includes a person who is actively engaged in the process of giving evidence and/or one who has previously given evidence. The term witness also includes a person who will give evidence.
What is an assertion?
Must Know
This is something declared or stated positively, often with no support or attempt made at furnishing evidence or proof of the assertion’s accuracy
What is a matter of fact?
Must Know
The term “matter of fact” is used by the courts to distinguish a particular kind of information.
A fact is a thing done, an actual occurrence or event, and it is presented during court proceedings in the form of witness testimony and evidence.
Define opinion in s4 of the Evidence Act 2006?
Must Know
Opinion, in relation to a statement offered in evidence, means a statement of opinion that tends to prove or disprove a fact
s24 of the EA06 relates to the general admissibility of opinions. What evidence can witnesses give under this section?
Under this section, lay witnesses are routinely permitted to give evidence concerning apparent age, identity, speed, physical and emotional state of people, condition of articles (worn, used, or new), and whether a person is under the influence of drink.
Define belief?
Belief is essentially a subjective feeling regarding the validity of an idea or set of facts. It is more than mere suspicion and less than knowledge. Belief is having faith in an idea or formulating a conclusion as the result of considering the available information.
How did Simester and Brookbanks define knowledge?
“Knowing” means “knowing, or
correctly believing” … the belief must be a correct one, where the belief is wrong a person cannot know something:
It also means knowing or believing a set of circumstances so as to be free
from doubt.
In terms of giving evidence, what is considered a Judicial proceeding?
Giving evidence in a proceeding by way of audio-visual link from another location is to be considered as taking place at the hearing: s14 Courts (Remote Participation) Act 2010. This means that the giving of false evidence by such a method from another country would equate to perjury in New Zealand and falls within the New Zealand jurisdiction.
What are the three ways to give evidence?
Must Know
(a) in the ordinary way as described in s83; (personally in court or by affidavit) or
(b) in an alternative way, as provided for by s105; (CCTV, DVD, screens etc.) or
(c) in any other way provided for under this Act or any other enactment.
What is an Oath?
Must Know
This is a declaration before a person who has authority to administer an oath, which invokes some religious belief and says that a thing is true or right. For example, a Christian would swear an oath on the Bible.
What is an affirmation?
Must Know
This is a verbal or written declaration, before a person who has authority to administer an oath, saying that a thing is true or right without reference to religious belief
What is a declaration?
Must Know
A witness under 12 years old may make a declaration, which is a promise to tell the truth.
When is the offence of perjury complete?
The offence of perjury is complete at the time the false evidence is given accompanied by an intention to mislead the tribunal.
The offence of perjury is complete at the time the false evidence is given accompanied by an intention to mislead the tribunal.
Is corroboration required for perjury?
It is not necessary in a criminal proceeding for the evidence on which the prosecution relies to be corroborated, except with respect to the offences involving perjury, false oaths and false statements or declarations.
