And Again Flashcards
Perjury s108(1)
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
The assertion being known to the witness to be false and being intended by him to mislead the tribunal holding the proceeding
Evidence of perjury, false oath, or false statement
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
Corroboration required
It is not necessary in a criminal proceeding for the evidence on which the prosecution relies to be corroborated, except with respect to the offences involving perjury, false oaths, and false statements or declarations
Examples of misleading justice within 116 and 117
- 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 probations officers
- assisting a wanted person to leave the country
- arranging a false alibi
- threatening or bribing jury members