Flashcards in Misleading Justice Deck (16)
Elements of Perjury
Section 108 CA 1961
-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
(1) Except as provided in subsection (2) of this section, every one is liable to imprisonment for a term not exceeding 7 years who commits perjury.
(2) If perjury is committed in order to procure the conviction of a person for any offence for which the maximum punishment is not less than 3 years’ imprisonment, the punishment may be imprisonment for a term not exceeding 14 years.
Statement on oath/affirmation
Every one is liable to imprisonment for a term not exceeding 5 years who, being required or authorised by law to make any statement on oath or affirmation, thereupon makes a statement that would amount to perjury if made in a judicial proceeding.
False statements or declarations
Every one is liable to imprisonment for a term not exceeding 3 years who, on any occasion on which he is required or permitted by law to make any statement or declaration before any officer or person authorised by law to take or receive it, or before any notary public to be certified by him as such notary, makes a statement or declaration that would amount to perjury if made on oath in a judicial proceeding.
Evidence of perjury, false oath, or false statement
No one shall be convicted....
No one shall be convicted of perjury, or of any offence against section 110 or section 111 of this Act, on the evidence of one witness only, unless the evidence of that witness is corroborated in some material particular by evidence implicating the defendant.
Every one 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.
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.
This is something declared or stated positively, often with no support or attempt made at furnishing evidence or proof of the assertion’s accuracy.
Matter of Fact
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.
S4 Evidence Act 06
Opinion, in relation to a statement offered in evidence, means a statement of opinion that tends to prove or disprove a fact.
A statement of an opinion is not admissible in a proceeding, except as provided by section 24 and 25 of the Evidence Act 2006.
Opinion evidence of lay witnesses
and when opinion evidence is permissible
S24 Evidence Act 06
A witness may state an opinion in evidence in a proceeding if that opinion is necessary to enable the witness to communicate, or the fact-finder to understand, what the witness saw, heard, or otherwise perceived
Under this section, lay witnesses are routinely permitted to give evidence concerning:
- apparent age
- physical and emotional state of people,
- condition of articles (worn, used, or new),
- whether a person is under the influence of drink.
A subjective feeling regarding the validity of an idea or set of facts. It is more than mere suspicion and less than knowledge.
“Knowing” means “knowing, or correctly believing” ... the belief must be a correct one, where the belief is wrong a person cannot know something:
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.
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