5. Misleading Justice - Legislation Flashcards
Outline perjury in S108(1) CA61?
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, whether the evidence is given in open Court or by affidavit or otherwise, that assertion being known to the witness to be false and being intended by him to mislead the tribunal holding the proceeding
Outline perjury in S108(2) CA61?
In this section the term oath includes an affirmation, and also includes a declaration made under section 13 of the Oaths and Declarations Act 1957.
Outline perjury in S108(3) CA61?
Every person is a witness within the meaning of this section who actually gives evidence, whether he is competent to be a witness or not, and whether his evidence
is admissible or not
Outline perjury in S108(4) CA61?
Every proceeding is judicial within the meaning of this section if it is held before any of the following tribunals, namely:
(a) Any Court of justice:
(b) The House of Representatives or any Committee of that House:
(c) Any arbitrator or umpire, or any person or body of persons authorised by law to make an inquiry and take evidence therein upon oath:
(d) Any legal tribunal by which any legal right or liability can be established:
(e) Any person acting as a Court or tribunal having power to hold a judicial proceeding:
(f) a disciplinary officer, the Summary Appeal Court of New Zealand, or the Court Martial of New Zealand acting under the Armed Forces Discipline Act 1971.
Outline perjury in S108(5) CA61?
Every such proceeding is judicial within the meaning of this section whether the tribunal was duly constituted or appointed or not, and whether the proceeding was
duly instituted or not, and whether the proceeding was invalid or not
Outline S83 CPA11?
A formal statement filed under section 85 is to be treated as evidence on oath given in a
judicial proceeding within the meaning of section 108 of the Crimes Act 1961 (which
relates to perjury).
What is the punishment for perjury in S109 CA61?
(1) Except as provided in subsection (2) of this section, every one is liable to imprisonment for a term not exceeding 7 years who commits perjury.
(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.
Outline false oaths in S110 CA61?
Every one is liable to imprisonment for a term not exceeding 5 years who, being required or authorised by law to make any statement on oath or affirmation, thereupon makes a statement that would amount to perjury if made in a judicial proceeding.
Outline false statements S111 CA61?
Every one is liable to imprisonment for a term not exceeding 3 years who, on any occasion on which he is required or permitted by law to make any statement or declaration before any officer or person authorised by law to take or receive it, or before any notary public to be certified by him as such notary, makes a statement or declaration that would amount to perjury if made on oath in a judicial proceeding.
S112 CA61 details when a person shall not be convicted of perjury or an offence against S110 or S111. Outline S112?
No one shall be convicted of perjury, or of any offence against section 110 or section 111 of
this Act, on the evidence of one witness only, unless the evidence of that witness is corroborated in some material particular by evidence implicating the defendant.
Outline fabricating evidence in S113 CA61?
Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to mislead any tribunal holding any judicial proceeding to which section 108 applies,
fabricates evidence by any means other than perjury.
