5. Misleading Justice

Question 1

How does section 108 define perjury?

Answer 1

• Sub Section 1 relates to the elements of the offence of
  Perjury
• Sub section 2 defines OATH which includes affirmation and declaration under section 13 of Oaths and Declaration Act 1957.
• Subsection 3 outlines the meaning of witness - person you actually gives evidence, whether competent or NOT or and whether evidence is admissible or NOT.
• Subsection 4 Outlines what a judicial process
• Subsection 5 Gives a meaning of tribunal

Question 2

What are the elements of Perjury?

Answer 2

1. A witness making any
2. Assertion as to any matter of fact, opinion, belief or
   knowledge
3. In any judicial proceeding
4. forming part of that witness’s evidence on oath
5. known by that witness to be false AND
6. Intended to mislead any tribunal

Question 3

Under section 121 of Evidence Act what offences need corroboration?

Answer 3

• Perjury - 108
• False oaths
• False statements or declarations
• treason

Question 4

What are the elements of section 116 Crimes Act 1961?

Answer 4

• Conspires
• to obstruct, pervert, prevent or defeat the course of
  justice.

Question 5

What are some examples of misleading justice in section 116 or 117?

Answer 5

• Preventing a witness from giving evidence
• A witness wilfully going absent
• Threatening or bribing a witness
• Concealing the fact that an actual offence was committed.
• False information to Police to obstruct their inquiries
• False information to probation officers
• assisting a wanted person to leave the country
• false alibi
• threatening or bribing jury member(s)

Question 6

What does section 117 entail?

Answer 6

a) dissuades or attempts to dissuades any person by threats, bribes or corrupt means from giving evidence in any cause or matter (whether civil or criminal)
b) Influences or attempts to influence by threat, bribes or corrupt means any member of a jury.
c) accepts any bribe or other corrupt considerations to abstain from giving evidence.
d) accepts any bribe or other corrupt consideration on account of his or her conduct as a member of the jury.
e) willy attempts in any other way to obstruct, prevent pervert or defeat the course of justice in NZ.

Question 7

Investigative Procedures:

What proceedings does conspiring to defeat the course of justice encompass?

Answer 7

Criminal and civil

Question 8

Investigative Procedures:

What is not a defense against a charge of conspiring to defeat the course of justice?

Answer 8

It is not a defence that the aim of the offender to do the offence was to get a just result or they believed it was right.

Question 9

What are situation you should consider if not having evidence under section 116?

Answer 9

You should consider offences under section 117 that may apply.

Question 10

Can you commence a prosecution for perjury on your own accord?

Answer 10

No you should be directed by the Court or Police Commission before doing so however it does not stop you from beginning inquiries to it.

Question 11

How can complaints of perjury arise?

Answer 11

They arise in two ways:

• An individual may complain that someone has
  committed perjury.
• 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.