5. Misleading Justice - Summary

Question 1

What are the requirements relating to corroboration?

Point 1

Must Know

Answer 1

The evidence of a witness requires corroboration in some material
particular that implicates a defendant before a conviction for perjury or an
offence under s110 or s111 can be recorded.

Question 2

What is course of action to be taken by the judge where there is no corroboration?

Point 2

Must Know

Answer 2

Where there is no corroborating evidence of perjury, the judge must stop
the case at the close of the prosecution case and direct an acquittal.

Question 3

Who is a witness?

Point 3

Must Know

Answer 3

A witness is a person who gives evidence and is subject to crossexamination in proceedings. The term includes people actively engaged in giving evidence, people who have previously given evidence or people who will give evidence.

Question 4

Provide examples of conspiring or attempting to mislead justice within sections 116 & 117?

Point 4

Must Know

Answer 4

− 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
− arranging a false alibi
− threatening or bribing jury members

Question 5

What proceedings does conspiring to defeat the course justice encompass?

Point 5

Must Know

Answer 5

Conspiring to defeat the course of justice encompasses both civil and
criminal proceedings.

Question 6

When can you start a prosecution for perjury?

Point 6

Must Know

Answer 6

You may only start a prosecution for perjury (civil or criminal), where it is
recommended by the courts or you are directed to do so by the
Commissioner of Police. You may, however, begin inquiries into an
allegation of perjury without reference to the court or Commissioner of
Police.