Association 11

Question 1

At the time of the assistance being given, an accessory must process the knowledge that:

Answer 1

• An offence has been committed, and
• The person they are assisting was a party (principal or secondary) to that offence
Where this knowledge comes about following the rendering of the assistance they are not liable as an accessory

Question 2

Evidence of perjury, false oath, or false statement – Misleading Justice – SA

Answer 2

Section 112, CA1961 – 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 accused.

Question 3

Fabricating evidence - Misleading Justice – SA

Answer 3

Everyone 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.

Question 4

Ingredients of Purjury – Misleading Justice – SA

Answer 4

The ingredients of the offence of perjury are:
• 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 5

Opinion evidence by Lay witnesses – SA

Answer 5

Section 24, Evidence Act 2006 – A witness may state an opinion in evidence in a proceeding if that opinion is necessary to enable the witness to communicate, or the fact-finder to understand, what the witness saw, heard, or otherwise perceived.

Question 6

Intention to mislead - Misleading Justice – MC

Answer 6

The offence of perjury is complete 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 the earlier evidence given.

Question 7

Examples of conspiring or attempting to mislead justice within sections 116 and 117 may include:

Answer 7

• Preventing a witness from testifying
• Willfully going absent as a witness
• Threatening or bribing witnesses
• Concealing the fact a crime 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 8

The ‘’act of receiving’’ – Receiving – SA The act of receiving requires the satisfaction of three elements:

Answer 8

• There must be property which has been stolen or has been obtained by a crime
• The accused must have ‘received’ that property , which requires that the receiving must be from another (you cannot receive from yourself)
• The accused must receive that property in the knowledge that it has been stolen or illegally obtained, or being reckless as to that possibility

Question 9

When the act is complete – Receiving – SA

Answer 9

The act of receiving any property stolen or obtained by any other crime is complete as soon as the offender has, either exclusively or jointly with the thief or any other person, possession of, or control over, the property or helps in concealing or disposing of the property.

Question 10

Control over property – Receiving – MC

Answer 10

Control over property may still be exercised by a receiver when the property is in the possession of the receiver’s agent or servant – control must be intentional