Misleading justice Flashcards
(26 cards)
What is perjury?
An assertion as to a matter of fact, opinion, belief or knowledge made by a witness in a judicial proceeding as part of his evidence on oath and that assertion being known to the witness to be false and being intended to mislead the tribunal
Witness
A person who gives evidence and is able to be cross-examined in a proceeding
Assertion
Something declared or stated positively
Fact
A kind of information. A fact is a thing done that is presented during proceedings in the form of testimony or evidence
Opinion
A statement of opinion that tends to prove or disprove a fact
Section 108(1), Crimes Act 1971
(1) A witness making any
(2) Assertion as to any matter of fact, opinion, belief or knowledge
(3) In any judicial proceeding
(4) Forming part of that witnesses evidence on oath
(5) Known by the witness to be false
(6) And intended to mislead the tribunal
General admissibility of opinion (section 24 Evidence Act 2006)
A witness may state an opinion in evidence if that opinion is necessary to:
- Enable the witness to communicate
- Enable the fact-finder to understand
What the witness saw, heard or otherwise perceived
Belief
Having faith in an idea or formulating a conclusion as the result of considering the information available (subjective)
Knowledge
Knowing or correctly believing (being free from doubt)
Judicial proceeding
Any proceeding held in a court of justice
Oath
A declaration before a person gives evidence which invokes some religious belief that a thing is true or right
Affirmation
Verbal or written declaration saying that a thing is true or right
Declaration
A promise to tell the truth
When is perjury offence complete?
At the time the false evidence is given accompanied by an intention to mislead the tribunal
Corroboration - evidence of perjury
There must be something corroborating the allegation that an element of these offences occurred (section 121, Evidence Act 2006)
Why - to protect witnesses from vexatious accusations of lying on oath
Section 83, Criminal Procedure Act 2011
(False statement in FWS deemed to be perjury)
A formal written statement filed under section 85 is to be treated as evidence on oath given in a judicial proceeding (within meaning of s108 perjury)
What is the punishment of perjury? (section 109, Crimes Act 1961)
7yrs imprisonment (not exceeding)
If perjury is committed in order to procure the conviction for any punishment not less than 3yrs - 14yrs (not exceeding)
Section 110, Crimes Act 1961
(False oaths)
5yrs imprisonment (not exceeding)
Being required to make a statement on oath or affirmation, and makes a statement that would amount to perjury if made in a judicial proceeding
Section 111, Crimes Act 1961
(False statements or declarations)
3yrs imprisonment (not exceeding)
On any occasion on which a person is required to make any statement or declaration before any officer or person authorised, makes a statement or declaration that would amount to perjury if made on oath in a judicial proceeding
Section 112, Crimes Act 1961
(Evidence of perjury etc)
No one shall be convicted of perjury, s111 or s112 on the evidence of one witness only, unless it is corroborated by some other evidence
Section 113, Crimes Act 1961
(Fabricating evidence)
7yrs imprisonment (not exceeding)
With intent to mislead any tribunal (in judicial proceeding) fabricates evidence by any means other than perjury
Section 116, Crimes Act 1961
(Conspiring to defeat justice)
7yrs imprisonment (not exceeding)
Conspires to obstruct, prevent, pervert or defeat the course of justice
Course of justice
Incudes conduct intended to affect whether or not proceedings will ever be started
Examples of conspiring to defeat justice (s116) and corruption (s117)
(1) Preventing a witness from giving evidence
(2) Wilfully going absent as a witness
(3) Threatening or bribing a witness
(4) Concealing the fact that an offence has been committed
(5) Intentionally offering authorities false information to obstruct their enquiries
(6) Threatening or bribing jury members
