Misleading Justice Flashcards
(15 cards)
what are the elements of perjury
a witness making any
assertion as to any matter of fact, opinion, belief or knowledge
in any judicial proceeding
forming part of that witnesses evidence on oath
known by the witness to be false, and
intended to mislead the tribunal
What is the section and act of perjury
Section 108 CA61
is a false statement in a formal statement deemed perjury
yes, treated as evidence on oath
what is the punishment of perjury
9 years
what is a witness
a person who gives evidence and is able to be cross examined
what is an assertion
something declared or stated positively
what is a matter of fact
a thing done
what four offences requires evidence to be corroborated
perjury, false statements, false oath or false declaration
why must a perjury charge be corroborated
if too easy to prosecute someone for perjury then it might discourage people from giving evidence
what is course of justice
proceedings initiated and continued before a tribunal
what are examples of misleading justice in corrupting juries and witnesses
preventing a witness from testifying
wilfully going absent as a witness
threatening or bribing a witness or juries
concealing the fact that a offence has been committed
intentionally giving police false information to obstruct inquiries
assisting a wanted person to leave the country
arranging a false alibi
does conspiring to defeat the course of justice include civil or criminal proceedings
both
is it a defence to conspire to defeat the course of justice if the aim of the offender was to secure a just result or one they believe is right
no
when can you commence a prosecution for perjury
recommended by the courts or directed by the commissioner
what are the two ways a complainant of perjury may arise
an individual may complain that someone has perjured themselves
a judges recommendation to inquire about evidence presented
