Flashcards in Misleading Justice Deck (32)
Perjury Act and Section
Crimes Act 1961, Section 108
-a witness making any
-assertion as to a matter of fact, opinion, belief, or knowledge
-in a judicial proceeding
-forming part of that witness's evidence on oath
-known by that witness to be false and
-intended to mislead the tribunal
Define "oath" has in S108(2)
Oath includes an affirmation, and also includes a declaration made under section 13 of the Oaths and Declaration Act 1957
Define "witness" as in S108(3)
A witness is a person who gives evidence and is able to be cross-examined.
This includes a person who has is and will give evidence.
Is a formal statement filed under Section 85 of Criminal Procedure Act 2011 treated as evidence on oath?
What is the punishment to perjury?
Everyone is liable to imprisonment for 7 years who commits perjury.
If perjury is committed in order yo procure the conviction of a person for an offence punishable by more that 3 years, then the punishment may be imprisonment for a term not exceeding 14 years.
Can a person be convicted of perjury under S110 or S111 on the evidence of one witness only?
No, unless the evidence of that witness is corroborated in some material particular by evidence implicating the defendant.
Fabricating evidence S113
Everyone is liable to imprisonment for a term not exceeding 7 years who, with intent to mislead any tribunal holding any judicial proceeding to which section 108 applies, fabricates evidence by any means other than perjury.
This is something declared or stated positively
Matter of fact
The term matter of fact is used by the Courts to distinguish a particular kind of information. A fact is a thing done.
Opinion, in relation to a statement offered in evidence, means a statement of opinion that tends to provide or disprove a fact.
What are lay witnesses routinely permitted to give opinion evidence on?
-influence of drink
Belief is essentially a subjective feeling regarding the validity of an idea. It is more than mere suspicion and less than knowledge.
Knowing or correctly believing
To give evidence includes:
-in the ordinary way
-in an alternative way (CCTV, DVD)
-in any other way
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.
This 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.
A witness under 2 years old may make a declaration which is a promise to tell the truth.
When is the offence of perjury complete?
When the false evidence is given accompanied by the intent to mislead.
Is it a defence of perjury if the witness later recants evidence given and inform the tribunal of its falsity?
If a person has made a previous statement not on oath which is then contradicted by statement on oath, is this sufficient evidence for perjury?
No, there must be something corroborating the allegation.
Is perjury a specific offence that requires corroboration?
Why is corroboration required in perjury cases?
It is thought that making it too easy to prosecute for perjury may discourage people from giving evidence.
Conspiring to defeat justice S116
Everyone is liable to imprisonment for a term not exceeding 7 years who conspires to obstruct, prevent, pervert, or defeat the course of justice.
Does the offence of conspiring to defeat justice include conduct intended to affect whether proceedings will start and situation where a victim is discouraged from pursuing a complaint?
What are some examples of conspiring or attempting to misled justice S116 and S117?
-preventing a witness from testifying
-wilfully going absent as a witness
-threatening or bribing a witness
-concealing the fact a offence has been committed
-assisting a wanted person to leave the country
-arranging a false alibi
-threatening or bribing jury members
Does conspiring to defeat the course of justice include civil and criminal proceedings?
When can you start a criminal prosecution for perjury?
Where it is recommended by the Courts or you are directed to do so by Commissioner of Police.
You may begin enquiries in to this without this though.
What are 2 ways that complaints of perjury can arise?
-an individual may complain that someone perjured themselves
-a Judge may state or direct n a court recommendation that Police undertake enquiries into the truth of the evidence given by a witness.