Misleading Justice Test Flashcards
(10 cards)
Examples of Conspiring to Mislead Justice under S116
- preventing a witness from testifying
- wilfully going absent as a witness
- threatening or bribing witnesses
- concealing the fact an offence has been committed
- intentionally giving Police false information to obstruct their enquiries
- supplying false information to probation officers
- assisting a wanted person to leave the country
- arranging a false alibi
- threatening or bribing jury members
Crimes Act 1961, Section 112 (Evidence of Perjury, False Oath or False Statement)
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.
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 witness’s evidence on oath
- known by that witness to be false, and
- intended to mislead the tribunal
What intent required to the charge of perjury?
The intention must be to mislead the tribunal, where this intention is absent no offence is committed.
When is the offence of Perjury complete
The offence of perjury is complete at the time the false evidence is given accompanied by an intention to mislead the tribunal. There is no defence where the witness later recants and informs the tribunal of the falsity of the earlier evidence given.
The intention must be to mislead the tribunal, where this intention is absent no offence is committed.
Define Witness
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.
Evidence Act 2006, Section 24
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, identity, speed, physical and emotional state of people, condition of articles (worn, used, or new), and whether a person is under the influence of drink.
When is it permitted to commence a prosecution for perjury?
You may only commence a prosecution for perjury (civil or criminal), where it is recommended by the courts or you are directed to do so by the Commissioner of Police.
Crimes Act 1961, Section 113 (Fabricating evidence)
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.
Two essential ingredients for fabricating evidence?
- intent to mislead any tribunal holding any judicial proceeding to which section 108 applies
- fabricates evidence by any means other than perjury
