5. Misleading Justice

Question 1

1. What intent must you be able to prove in order to establish a charge of perjury?

Answer 1

the offender’s intention to mislead the tribunal holding the judicial proceeding.

Question 2

When may a prosecution for perjury begin?

Answer 2

• recommended by the courts

- directed by the commissioner of police

Question 3

Where there is no corroborating evidence of perjury, the judge must?

Answer 3

Direct an acquittal

Question 4

What are the two ways complaints of perjury arise?

Answer 4

• An individual may complain that someone has perjured themselves
• A judge may state or direct a court recommendation that the police undertake inquiries into the truth of the evidence given by a witness

Question 5

You may only commence a prosecution of perjury (civil or criminal) where:

Answer 5

It is recommended by the courts or you are directed to do so by the Commissioner of Police

Question 6

**Examples of conspiring / attempting to mislead justice

Answer 6

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

Question 7

It is not necessary in a criminal proceeding for the evidence on which the prosecution relies on to be corroborated, except:

Answer 7

Perjury, false oath, false statement

Question 8

Can a witness under 12 male a declaration and what is it?

Answer 8

Yes, and it is a promise to tell the truth

Question 9

What is an affirmation?

Answer 9

Verbal or written declaration before a person who has authority to administer an oath

Question 10

What is an oath?

Answer 10

Declaration by a person who has authority to administer an oath

Question 11

What are the three ways you can give evidence?

Answer 11

Ordinary way (in person or affidavit) 
Alternative way (DVD/screens) 
Any other way provided for by this act

Question 12

If you have false evidence from video evidence in another country, what offence is that?

Answer 12

Perjury

Question 13

Define knowledge

Answer 13

Knowing or correctly believing

Question 14

What does section 24 of the evidence act show?

Answer 14

A witness may state an opinion if that opinion is necessary to enable the witness to communicate what they saw

Question 15

**A statement of opinion is not admissible in a proceeding, except as provided by?

Answer 15

Section 24 and 25 of the evidence act 2006

needs to give opinion as context and expert opinion

Question 16

Define opinion

Answer 16

S4 Evidence Act 2006

In relation to a statement offered in evidence, means a statement of opinion that tends to prove or disprove a fact

Question 17

What is a matter of fact?

Answer 17

A thing done, an actual occurrence or event, and it is presented during court proceedings in the form of witness testimony and evidence.

Question 18

**What is an assertion?

Answer 18

Something declared or stated positively, often with no support or attempt made at furnishing evidence or proof of the assertion’s accuracy.

Question 19

What is a witness?

Answer 19

A person who gives evidence and is able to be cross examined in a proceeding

Question 20

Define Belief

Answer 20

Essentially a subjective feeling regarding the validity of an idea or set of facts.

Question 21

What are the elements of perjury?

Answer 21

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

Question 22

**No one should be convicted of perjury on the evidence of one witness only, unless:

Answer 22

The evidence of that witness is corroborated in some material particular

Question 23

**Is a signed statement capable of being perjury?

Answer 23

yes

Question 24

Define perjury:

Answer 24

Assertion as to a matter of fact, opinion, belief or knowledge made by a witness to be false and being intended by him to mislead the tribunal holding the proceeding

Question 25

What are the elements of perjury?

Answer 25

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

Question 26

If you have false evidence from video evidence in another country, what offence is that?

Answer 26

Perjury

Question 27

List six examples of conspiring or attempting to obstruct, prevent, pervert or defeat the course of justice

Answer 27

-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 inquiries
Supplying false information to probation officers
Assisting a wanted person to leave the country

Question 28

What are the two main points to be covered when interviewing a suspect in respect of perjury?c

Answer 28

• whether the suspect knew their assertion was false, and

* whether they intended to mislead the tribunal governing proceedings.

Question 29

1. What intent must you be able to prove in order to establish a charge of perjury?

Answer 29

The intent to be proved so as to establish a charge of perjury is the offender’s intention to mislead the tribunal holding the judicial proceeding.