Perjury S108(1) CA 1961 Def

Question 1

S/A What are the elements of perjury? S108(1) CA 1961

Answer 1

• A witness making any
• Assertation as to any matter of fact, opinion, belief or knowledge
• Forming part of that witness’s evidence on oath
• Known by that witness to be false AND
• Intended to mislead the tribunal

Question 2

A witness making any

Answer 2

Witness - a person who gives evidence and is able to be cross examined in a proceeding.

• Included a person activley engaged in giving evidence, someone who has previously given evidence and a person who will give evidence

Question 3

Assertation

Answer 3

Something declared or stated positivily, often with no support or attempt at furnishing evidenceOR proof of the assertions accuracy

Question 4

Matter of fact

Answer 4

A term used by the courts to distinguish a particular kind of information. It is presented during court proceedings in the form of witness testimony and evidence

Question 5

Opinon

Answer 5

A statement of opinion that tends to prove or disprove fact

*Only admissable if S24 of evidence act applies

Question 6

Belief

Answer 6

Having faith in an idea or formulating a conclusion as the result of considering the available information.

Question 7

Knowledge

Answer 7

The belief must be a correct one, believing in a set of circumstances so as to be free from doubt.

Question 8

In any judicial proceding

Answer 8

Any court of justice, any legal tribunal, the house of representatives, the court martial of NZ.

Question 9

Forming part of that witnesses evidence on Oath

Answer 9

Oath - A declaration before a person authorized to administer an oath which invokes religious belief and says that a thing is true or right.

Question 10

Affirmation

Answer 10

A verbal or written declaration saying that a thing is true or right without reference to religious belief.

Question 11

Declaration

Answer 11

A witness under 12 year old may make a declaration which is a promise to tell the truth.

Question 12

Known by that witness to be false AND

Answer 12

The accused knows the statement to be false

*Corroboration required - there must be corroboration in respect to offences involving perjury, false oaths, false stateem,tns or declarations. S121(1)(a)

Question 13

Intended to mislead the tribunal

Answer 13

It 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 informas the tribunal of the falsity of the earlier evidence given.