Misleading Justice

Question 1

Perjury

Answer 1

Crimes Act 1961, Section 108
(1) Perjury is 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, whether the evidence is given in open Court or by affadavit or otherwise, that assertion being known to the witness to be false and being intended by him to mislead the tribunal holding the proceeding.

Question 2

Elements of perjury

Answer 2

The elements of the offence of perjury are:
- 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