S108(1) Perjury

Question 1

Perjury
S108(1), CA 1961

Answer 1

A witness making any
Assertion as to any matter if 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

Question 2

When is perjury complete?

Answer 2

At the time of the false evidence being given with an intention to mislead the tribunal

Question 3

When can you commence a prosecution for perjury

Answer 3

When recommended by the courts
When directed so by the Police Commissioner

Question 4

How can complaints of perjury arise?

Answer 4

An individual may complain that someone has perjured themselves

A judge may state or direct in a court recommendation that the police undertake inquiries into the truth of the evidence given by a witness

Question 5

What is essential to prove perjury?

Answer 5

Corroborating evidence in some material particular

Question 6

Assertion

Answer 6

Something declared or stated positively, often with no support or attempt made at furnishing evidence or proof of the assertions accuracy

Question 7

Matter of fact

Answer 7

Particular kind of information. A fact is a thing done, an actual occurrence or event and is presented during court proceedings in the form of the witnesses testimony and evidence

Question 8

Opinion

Answer 8

A statement of opinion that tends to prove it disprove a fact. Only admissible if s24 Evidence act applies. A witness may state opinion in evidence in a proceeding if necessary to enable a witness or the fact finder to understand

Question 9

Knowledge

Answer 9

The belief must be a correct one , where the belief is wrong a person cannot know something. Free from doubt

Question 10

Belief

Answer 10

Belief is essentially a subjective feeling regarding the validity of an idea or set of facts. Having faith in an idea or formulating a conclusion

Question 11

Oath

Answer 11

Declaration before a person which invokes some religious beliefs and says that a thing is true or right

Question 12

Affirmation

Answer 12

Verbal or written declaration
saying that a thing is true or right without reference to a religious belief

Question 13

Declaration

Answer 13

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

Question 14

Witness

Answer 14

A person who gives evidence and is able to be cross examined in a proceeding. Includes a person actively engaged in giving evidence, previously given evidence or due to give evidence

Question 15

List 4 examples of conspiring or attempting to mislead justice within s116 and s117

Answer 15

• preventing a witness from testifying
• wilfully going absent as a witness
• threatening or bribing witnesses
• concealing the fact an offence has been committed