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CMN228 > Session 5 > Flashcards

Session 5 Flashcards

1
Q

What is perjury?

A

It is anyone who deliberately gives false (untrue) testimony in/to a court or tribunal will be guilty of perjury.

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2
Q

Is perjury a very serious offence?

A

Yes.

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3
Q

Can perjury be committed by a witness?

A

Yes.

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4
Q

Can perjury be committed by a defendant?

A

Yes.

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5
Q

What is a minor example of perjury?

A

It could be lying about the age.

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6
Q

What is a major example of perjury?

A

The victim falsely accusing someone.

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7
Q

What are two different forms of perjury?

A

Spoken or written.

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8
Q

What could spoken perjury involve?

A

Court testimony.

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9
Q

What could written perjury involve?

A

Affidavit or other court form.

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10
Q

Are both forms of perjury (written and spoken) equally as important?

A

Yes. It is immaterial whether the court is in the place of the court.

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11
Q

For perjury, is it immaterial whether the perjury is in the place of the court?

A

Yes.

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12
Q

Can perjury cover a deposition given in a legal office?

A

Yes.

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13
Q

Do the police have to prove certain things when it comes to perjury?

A

Yes.

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14
Q

What does the police have to prove when it comes to perjury?

A

They have to prove that the person made a statement, that the statement was false, the accused knew it was false at the time of the statement and that it is likely to influence the case.

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15
Q

Is a person guilty of perjury if they have given a false testimony unawaringly?

A

No.

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16
Q

What would be an example of where a someone could give a false testimony unawaringly?

A

If the person committing the crime had a secret identical twin, one would not be guilty of perjury.

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17
Q

What is the penalty for perjury?

A

Up to fourteen years imprisonment.

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18
Q

What is fabricating evidence similar to?

A

Perjury.

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19
Q

When can a perjurer be jailed for life?

A

If convicted of trying to get someone convicted of a serious offence.

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20
Q

What is a serious offence?

A

One that attracts a life sentence.

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21
Q

What is the punishment for trying to get somebody convicted of trying to get someone convicted of a serious offence?

A

Life imprisonment.

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22
Q

Do perjury charges occur to both children and adults?

A

Yes.

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23
Q

What must police prove to show fabricating evidence?

A

The police must prove intent of accused to mislead a court/tribunal by means other than perjury or by knowingly making use of such fabricated evidence.

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24
Q

What may fabricating evidence include?

A

Anything that may change the course of a trial or investigation by police.

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25
Q

What is an example of fabricating evidence?

A

An example could be damaging property further to get more out of an insurance claim or police planting drugs.

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26
Q

What is the penalty of fabricating evidence (if it for a crime not likely to attract a life sentence)?

A

Seven years.

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27
Q

When is a person liable for life imprisonment for fabricating evidence?

A

If it is for a crime likely to attract life imprisonment.

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28
Q

What section of the Criminal Code deals with fabricated evidence?

A

S 126.

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29
Q

What section of the Criminal Code deals with perverting the course of justice?

A

s 140.

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30
Q

What does perverting the course of justice refer to?

A

Perverting the course of justice refers to a person who attempts to obstruct, prevent, pervert or defeat the course of justice.

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31
Q

What is the penalty for perverting the course of justice?

A

Up to seven years imprisonment.

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32
Q

For perverting the course of justice, the conduct must have a tendency to do what?

A

Pervert the course of justice.

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33
Q

In essence, what does perverting the proper course of justice mean?

A

Turn it aside from the proper course.

34
Q

For perverting the course of justice, does prosecution need to prove that the course of justice was (or would have been) perverted?

A

No.

35
Q

For perverting the course of justice, what is it sufficient for the prosecution to establish?

A

That there is a real risk injustice may occur.

36
Q

When does the course of justice commence?

A

When the jurisdiction of a court or tribunal is invoked and the perversion may occur before or during proceedings.

37
Q

When can the perversion of justice occur?

A

Before or during proceedings.

38
Q

Can the perversion of justice be trans-juridictional?

A

Yes.

39
Q

What is an example of the affects of perversion of justice being trans-juridictional?

A

A lawyer convicted of perverting the course of justice in Fiji in 2006 lost a Dec 2013 Supreme Court appeal (in Brisbane) to register to work in Queensland.

40
Q

What does breach of confidence deal with?

A

Revealing confidential information.

41
Q

Why is revealing confidential information a particularly important offence for professional writers?

A

This is because you may be approached by somebody who wishes to tell their story and often the most interesting stories involve secret information.

42
Q

Can revealing confidential information take on many forms?

A

Yes.

43
Q

What is the three point test for determining whether something is a breach of revealing confidential information?

A

The information had a ‘quality of confidence’ about it, the circumstances in which is was imparted gave rise to an obligation of confidentiality and the recipient must disclose the information (or threaten to) to the detriment of someone.

44
Q

If information is related to the government (or its operation) what is the extra requirement for a breach of revealing confidential information?

A

That the disclosure is contrary to the public interest.

45
Q

What are the defences to a breach of confidence?

A

Legal compulsion, fair report and protected disclosure. If the public also has access to hear that information, then it is fair to report on.

46
Q

What is the legal compulsion defence to breach of confidence?

A

Legal compulsion is if you are asked a specific question in court, a person is legally compelled to answer.

47
Q

What is the fair report defence to breach of confidence?

A

Fair report is a fair and balanced report of anything said in a public meeting.

48
Q

If the public has access to hear information, is it safe to report on?

A

Yes.

49
Q

When is the protected disclosure defence to a breach of confidence?

A

It is the disclosure of information to a certain group for specific purposes.

50
Q

What is contempt of parliament?

A

Contempt of parliament is any act or omission that obstructs or impedes a House of Parliament in the performance of its duty.

51
Q

What does contempt of parliament include?

A

It including misconduct in the House, defiance of orders or rules of the Parliament and deception of the Parliament.

52
Q

Who has the power to deal with contempt of parliament?

A

The parliament. It may be publishing a comment that ‘reflects’ badly on a house,

53
Q

What is a specific example of how contempt of parliament leads to media law?

A

A writer reveals the inner discussions of a parliamentary committee that is bound to secrecy, before its report is tabled in parliament.

54
Q

Are there rules about contacting prisoners?

A

Yes.

55
Q

What are the rules about covering prisoners covered under?

A

s 132 of the Corrective Services Act 2006.

56
Q

Are Queensland’s laws about contacting prisoners strict or not strict?

A

Queensland’s laws are especially strict.

57
Q

Do the laws about contacting prisoners occur whether a prisoners is inside or outside a correctional facility?

A

Yes.

58
Q

Can a person interview a prisoner?

A

No.

59
Q

Can a person photograph a prisoner?

A

No.

60
Q

Can a person film a prisoner?

A

No.

61
Q

Can a person obtain a written statement from a prisoner?

A

No.

62
Q

Can a person obtain a recorded statement from a prisoner?

A

No.

63
Q

Do the laws about contacting prisoners apply to prisoners on parole?

A

Yes.

64
Q

What is an example of a person convicted for contacting prisoners?

A

An example of a person convicted under this was Ann Delaney.

65
Q

What is an example where issues arose in contacting a prisoner?

A

The Vampire Killer.

66
Q

How did they get around the restrictions for contacting prisoners with the vampire killer?

A

The Mother went into the prison and had a conversation with the daughter. This conversation was sent to the media and told from the perspective of her Mother (not the perspective of the killer).

67
Q

Are there any legitimate reasons for banning the media for contacting prisoners?

A

No.

68
Q

Are there any legitimate reasons why you should not interview prisoners?

A

No.

69
Q

What could the restrictions on contacting prisoners affect?

A

Freedom of political communication, common law right to free speech and freedom of the press.

70
Q

Should a reporter be aware of spent convictions?

A

Yes.

71
Q

What part of the Crimes Act 1914 (Cth) is the Spent Conviction scheme?

A

Part VIIC.

72
Q

What does the spent conviction scheme deal with?

A

Aspects of collection, use and disclosure of old conviction information.

73
Q

If somebody is under the spent convictions scheme, do they have to disclose their conviction?

A

No, even to commonwealth departments.

74
Q

What does the spent conviction scheme aim to prevent?

A

Discrimination.

once waiting period (usually 10 years) has passed, provided individual hasn’t re­‐offended in that time.

75
Q

What is the waiting conviction for the spent conviction scheme?

A

10 years.

76
Q

What is the rule for the spent conviction scheme?

A

They must not have reoffended during that time.

77
Q

What are the four convictions to the spent conviction scheme?

A

10 years since conviction date (5 years for offences committed as a juvenile)
Jail term is less than 30 months.
The individual has not reoffended in the waiting time.
A statutory or prescribed exclusion does not apply (Office of Australian Information Commissioner has full list of exclusions).

78
Q

What is illegal under the Criminal Law (Rehabilitation of Offenders) Act 1986?

A

It is illegal to bring up or ask a person about their previous criminal history 10 years after they have been convicted and jailed for 2.5 years or more (5 years after their conviction if they were jailed for less than 2.5 years).

79
Q

What are the exceptions for revealing criminal convictions?

A

If you want to be a police officer, a lawyer, a JP, a security officer, own a brothel or obtain a liquor license.

80
Q

What offences do you have to reveal to become a teacher?

A

Some offences against children or offences to do with drugs.

CMN228 (11 decks)

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