5. Misleading Justice Flashcards
Define Perjury
S 108 (1)
FOBK
Perjury is an assertion as to a matter of fact, opinion, belief, or knowledge made by a witness in a judicial proceeding as part of his evidence on oath,
Assertion being known to the witness to be false and being intended by him to mislead.
Every person is a witness if?
108 (3)
they actually gives evidence, whether they are competent to be a witness or not, and whether their evidence is admissible or not.
Section 110, 111, 112, 113, 116, 117
110- False oaths
112- Corroboration
111- False statements or declarations
113- Fabricating Evidence
116- Conspires to obstruct, prevent, pervert or defeat course of justice.
117- Corrupting juries and witnesses
Evidence of perjury, false oath, or false statement
S112
No one shall be convicted of perjury, false oath or statement on the evidence of one witness only, unless the evidence of that witness is corroborated in some material particular by evidence implicating the defendant.
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
Define Witness
A witness is a person who gives evidence and is able to be cross-examined in a proceeding. Includes someone who gave or will give evidence.
Define Assertion
Something declared or stated positively, often with no support or attempt made at furnishing evidence or proof of the assertion’s accuracy.
Define Matter of fact
A fact is a thing done, an actual occurrence or event, and it is presented during court proceedings in the form of witness testimony and evidence.
A witness is permitted to testify as to what they personally know about the facts but are prevented from giving testimony as to their opinions in regard to those facts. (Except Expert)
Define Opinion
S4 Evidence Act- Opinion, in relation to a statement offered in evidence, means a statement of opinion that tends to prove or disprove a fact.
S25 E.A allows for opinions if necessary to enable witness to communicate to fact-finder what they saw, heard or perceived.
Define Belief
A subjective feeling regarding the validity of an idea or set of facts.
More than mere suspicion and less than knowledge.
Belief is having faith in an idea or formulating a conclusion as the result of considering the available information.
Define Knowledge
Simister and Brooks
knowing, or correctly believing” The belief must be a correct one, where the belief is wrong a person cannot know something
Explain Giving evidence S4 Evidence Act
To give evidence means to give evidence in a proceeding, in one of three defined ways:
- in the ordinary way personally in court or by affidavit
- in an alternative way (DVD, CCTV)
- Any other way under any enactment
Define
Oath, affirmation and declaration
verbal or written declaration, before a person who has authority to administer an oath, saying that a thing is true or right
Oath- religious
Declaration- under 12, promise to tell the truth
When is Perjury Complete
Intention to Mislead
Perjury is complete at the time the false evidence is given accompanied by an intention to mislead the tribunal.
Intention must be to mislead the tribunal, where this intention is absent no offence is committed.
R v Goodyear-Smith- To be guilty, witness must make a false statement in respect of an issue that the witness believes is of material importance
Evidence and Corroboration
121 Evidence Act
Taylor v Manu- Court held there must be something corroborating the allegation.
R v Cleland - If statement made not on oath contradicts statement on oath, it is not sufficient evidence alone to establish perjury.
Section 121 Evidence Act Corroboration
Must have corroboration for all Perjury related offences,(108, 110, 111)
Corroboration is required to protect witnesses, to avoid discouraging witnesses.
