5. Misleading Justice

Question 1

What are the elements for perjury, s108(1)?

Answer 1

• 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 2

What is the punishment for perjury?

Answer 2

1. 7 years
2. If perjury is committed in order to procure the conviction of a person for any offence for which the maximum punishment is not less than 3 years imprisonment, the punishment may be imprisonment for a term not exceeding 14 years.

Question 3

What is the punishment for false oaths, s110?

Answer 3

5 years

Question 4

What is the punishment for false statements or declarations?

Answer 4

3 years

Question 5

What is the punishment for fabricating evidence?

Answer 5

7 years

Question 6

What is the difference between an oath, affirmation, and declaration?

Answer 6

Oath – declaration which invokes some religious belief and says that a thing is true or right.

Affirmation – verbal or written declaration, saying a thing is true or right, without reference to religious belief.

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

Question 7

What is a witness?

Answer 7

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

Question 8

What is an assertion?

Answer 8

something declared or stated positively.

Question 9

What is a matter of fact?

Answer 9

used by the court to distinguish a particular kind of information.

Question 10

What is an opinion?

Answer 10

a statement of opinion that tends to prove or disprove a fact.

Question 11

When is the offence of perjury complete?

Answer 11

at the time the false evidence is given accompanied by an intention to mislead the tribunal. There is no defence where the witness later recants and informs the tribunal of the falsity of earlier evidence given.

Question 12

In what offences is corroboration required?

Answer 12

• perjury
• false oaths
• false statements or declarations
• treason

Question 13

What are some examples of conspiring or attempting to mislead justice?

Answer 13

• Preventing a witness from testifying
• Wilfully going absent as a witness
• Threatening or bribing a witness
• Concealing the fact an offence has been committed
• Intentionally giving police false information to obstruct their inquiries
• Arranging a false alibi
• Threatening or bribing jury members

Question 14

What points should be covered when interviewing a suspect regarding perjury?

Answer 14

• Whether the suspect knew their assertion was false

* Whether they intended to mislead the tribunal governing proceedings

Question 15

When can a prosecution for perjury be commenced?

Answer 15

• it is recommended by the courts

* directed to do so by the Commissioner of Police

Question 16

What is the definition of belief?

Answer 16

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

Question 17

What is a judicial proceeding?

Answer 17

The giving of evidence in a proceeding conducted by a court and any application to a court connected with a proceeding

Question 18

What is evidence?

Answer 18

The whole body of material which a court or tribunal may take into account in reaching their decision. May be in oral, written or visual form