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Modules > Association offences (Misleading justice) > Flashcards

Association offences (Misleading justice) Flashcards

1
Q

What is the title of Section 108 Crimes Act 1961?

A

Perjury

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2
Q

What is the definition of perjury under Section 108 Crimes Act 1961?

A

Perjury defined

  • 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.
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3
Q

What is the definition of “Oath”? (Perjury)

A

Includes an affirmation and a declaration

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4
Q

What is the definition of “Witness”? (Perjury)

A

Every person who actually gives evidence, whether
- he is competent to be a witness or not - whether his evidence is admissible or not.

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5
Q

When is a proceeding “judicial”? (Perjury)

A

If it is held before any of the following tribunals:
- Any court of justice
- The House of representatives
- Any arbitrator or umpire
- any person or body of persons authorised by law to make an inquiry and take evidence therein upon oath
- Any legal tribunal by which any legal right or liability can be established
- Any person acting as a Court or tribunal having power to hold a judicial proceeding
- Any person acting as a court or tribunal having power to hold a judicial proceeding
- A disciplinary officer, the summary appeal court of NZ or the court martial of NZ acting under the armed forces discipline act.

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6
Q

What other criteria needs to be met for a proceeding to be judicial ? (perjury)

A

Whether:
- The tribunal was duly constituted or appointed or not
- The proceeding was duly instituted or not
- The proceeding was invalid or not

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7
Q

What is the Section that contains the punishment of perjury?

A

Section 109 Crimes Act 1961

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8
Q

What does Section 109(1) Crimes Act 1961 outline?

A

The punishment for perjury.

Except as provided in sub (2) of this section, every one is liable to imprisonment for a term not exceeding 7 years who commits perjury.

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9
Q

What does Section 109(2) Crimes Act 1961 outline?

A

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.

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10
Q

What is the Section that contains the offence of False Oaths?

A

Section 110 Crimes Act 1961

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11
Q

Section 110 Crimes Act 1961 - What does it state?

A

5 years imprisonment
Everyone 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.

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12
Q

What is the Section that contains the offence of False Statements or declarations?

A

Section 111 Crimes Act 1961

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13
Q

Section 111 Crimes Act 1961 - What does it state?

A

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.

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14
Q

What is outlined under Section 112 Crimes Act 1961 ?

A

Evidence of perjury, false oath or false statement.

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15
Q

Under Section 112, what is required for a conviction of perjury, false oaths or false statements?

A

The evidence of the witness has to be corroborated in some material particular by evidence implicating the defendant.

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16
Q

What is outlined under Section 113 Crimes Act 1961?

A

Fabricating evidence

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17
Q

What does Section 113 Crimes Act 1961 state?

A

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.

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18
Q

What are the elements of perjury?

A
  • 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.
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19
Q

What is a witness?

A

A witness is a person who gives evidence and is able to be cross-examined in a proceeding. This includes a person who is actively engaged in the process of giving evidence and/or one who has previously given evidence. The term witness also includes a prson who will give evidence.

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20
Q

What is an assertion?

A

This is something declared or stated positively, often with no support or attempt made at furnishing evidence or proof of the assertions accuracy.

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21
Q

Definition of “Matter of fact”

A

The term “matter of fact” is used by the courts to distinguish a particular kind of information.

A fact is a thing done, an actual occurrence or event, and it is presented during court proceedings in the form of witness testimony and evidence.

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22
Q

What is a witness permitted to testify on?

A

They are permitted to testify as to what they personally know about the facts of a case.

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23
Q

What are witnesses not permitted to testify on?

A

Witnesses are prevented from giving testimony as to their opinions (thoughts, beliefs, inferences) in regard to those facts.

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24
Q

What is the exception to witnesses being prevented from giving opinion evidence?

A

An exception is made for expert witnesses, whose technical or scientific speciality is considered sufficient to allow them to state their opinion on relevant matters.

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25
Q

What is the definition of an opinion?

A

An opinion is defined in S4 of the Evidence Act 2006.

Opinion, in relation to a statement offered in evidence, means a statement of opinion that tends to prove or disprove fact.

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26
Q

What is the Section that covers Opinion evidence by lay witnesses” ?

A

Section 24 Evidence Act 2006

27
Q

What is stated in Section 24 of the Evidence Act 2006 ?

A

A witness may state an opinion in evidence in a proceeding if that opinion is necessary to enable the witness to communicate, or the fat-finder to understand, what the witness saw, heard, or otherwise perceived.

28
Q

What are “lay witnesses” permitted to give evidence on?

A

lay witnesses are routinely permitted to give evidence concerning apparent age, identity, speed, physical and emotional state of people, condition of articles (worn, used or new) and whether a person is under the influence of drink.

29
Q

What is the definition of “belief” ?

A

Belief is essentially a subjective feeling regarding the validity of an idea or a set of facts. It is more than mere suspicion and less than knowledge. Belief is having faith in an idea or formulating a conclusion as the result of considering the available information.

30
Q

What is the definition of “knowledge”?

A

“Knowing” means “knowing or correctly believing”. The belief must be a correct one, where the belief is wrong, a person cannot know something.

It also means knowing or believing a set of circumstances so as to be free from doubt.

31
Q

What is included as giving evidence at a proceeding? and what does this mean?

A

Giving evidence in a proceeding by way of Audio-visual link from another location is to be considered as taking place at the hearing. This means that the giving of false evidence by such a method from another country would equate to perjury in NZ and falls within the NZ jurisdiction.

32
Q

How is giving evidence defined?

A

To give evidence means to give evidence in a proceeding in one of three ways.

33
Q

What are the “three ways” of giving evidence?

A
  • In the ordinary way (personally in court or by affidavit)
  • In an alternative way, as provided for by s105 (CCTV, DVD, screens etc)
  • In any other way provided for under this Act or any other enactment.
34
Q

What is an oath?

A

This is a declaration before a person who has authority to administer an oath, which invokes some religious belief and says that a thing is true or right. For example, a Christian would swear an oath on the Bible.

35
Q

What is an affirmation?

A

This is a verbal or written declaration made before a person who has authority to administer an oath.

36
Q

What is a declaration?

A

A witness under 12 may make a declaration, which is a promise to tell the truth.

37
Q

When is the offence of perjury complete?

A

The offence of perjury is complete at the time the false evidence is given, accompanied by an intention to mislead the tribunal.

38
Q

What is not a defence to perjury?

A

There is no defence where the witness later recants and informs the tribunal of the falsity of the earlier evidence given.

39
Q

What was held in R v Goodyear-Smith in relation to perjury?

A

The court held that to be guilty of perjury, a witness must make a false statement in respect of an issue that the witness believes is of material importance to the proceeding.

40
Q

What is a defence to perjury?

A

The intention must be to mislead the tribunal, where this intention is absent, no offence is committed.

41
Q

What was held in Taylor v Manu in relation to evidence of perjury, false oath or false statement?

A

The court held that there must be something corroborating the allegation that an element of these offences occurred.

42
Q

What was held in R v Cleland in relation to evidence of perjury, false oath or false statement?

A

This highlighted that if a person may have made a previous statement that was not on oath, which is contradicted by a subsequent statement on oath, it is not sufficient evidence alone, without a confession, to establish perjury in respect of the latter statement.

43
Q

What is covered under Section 121 of the Evidence Act 2006?

A

Corroboration

44
Q

When is corroboration under the evidence act not required?

A

Corroboration is not required in criminal proceedings except in those relating to the following:
(a) perjury
(b) false oaths and
(c) false statements or declarations and
(d) Treason

45
Q

What does Section 121(2) of the Evidence Act 2006 state?

A

Corroboration

Subject to subsection (1) and section 122, if in a criminal proceeding there is a jury, it is not necessary for the judge to -
(a) warn the jury that it is dangerous to act on uncorroborated evidence or to give a warning to the same or similar effect; or
(b) Give a direction relating to the absence of corroboration

46
Q

When is corroboration required?

A

It is not necessary in criminal proceedings 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

47
Q

What is the justification for requiring corroboration in cases involving perjury?

A

It is to protect witnesses from vexatious accusations of lying on oath. It is thought that making it too easy to prosecute someone for perjury might discourage people from giving evidence, which is undesirable.

48
Q

What does Section 116 Crimes Act 1961 cover?

A

Conspiring to defeat justice

49
Q

What does Section 116 Crimes Act 1961 - Conspiring to defeat justice - state?

A

Everyone is liable to imprisonment for a term not exceeding 7 years who conspires to obstruct, prevent, pervert or defeat the course of justice.

50
Q

What is meant by “course of justice”?

A

It is not defined within the act. The administration of justice by the courts is at its heart. The course of justice includes proceedings initiated and continuing before a tribunal.

51
Q

What does the offence of conspiring to defeat justice extend to?

A

It extends to include conduct intended to affect whether or not proceedings will ever be started. It also includes situations where a victim is discouraged from pursuing a complaint or where false statements are made so as to engage police in the task of investigating a complaint which would otherwise not be pursued.

52
Q

What are examples of conspiring or attempting to mislead justice within sections 116 and 117 may include?

A
  • 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
53
Q

What does Section 117 Crimes Act 1961 cover?

A

Corrupting juries and witnesses

54
Q

What does Section 117(a) Crimes Act 1961 - Corrupting juries and witnesses - state?

A

Everyone is liable to imprisonment for a term not exceeding 7 years who -
(a) Dissuades or attempts to dissuade any person, by threats, bribes or other corrupt means, from giving evidence in any cause or matter (whether civil or criminal), and whether tried or to be tried in NZ or in an overseas jurisdiction

55
Q

What does Section 117(b) Crimes Act 1961 - Corrupting juries and witnesses - state?

A

Everyone is liable to imprisonment for a term not exceeding 7 years who -
(b) Influences or attempts to influence, by threats or bribes or other corrupt means, a member of a jury in his or her conduct as such (whether in a cause or matter tried or to be tried in NZ or in an overseas jurisdiction, and whether the member has been sworn as a member of a particular jury or not)

56
Q

What does Section 117(c) Crimes Act 1961 - Corrupting juries and witnesses - state?

A

Everyone is liable to imprisonment for a term not exceeding 7 years who -
(c) Accepts any bribe or other corrupt consideration to abstain from giving evidence (whether in a cause or matter tried or to be tried in NZ or in an overseas jurisdiction)

57
Q

What does Section 117(d) Crimes Act 1961 - Corrupting juries and witnesses - state?

A

Everyone is liable to imprisonment for a term not exceeding 7 years who -
(d) Accepts any bribe or other corrupt consideration on account of his or her conduct as a member of the jury (whether in a cause or matter tried or to be tried in NZ or in an overseas jurisdiction, and whether the member has been sworn as a member of a particular jury or not)

58
Q

What does Section 117(e) Crimes Act 1961 - Corrupting juries and witnesses - state?

A

Everyone is liable to imprisonment for a term not exceeding 7 years who -
(e) Wilfully attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice in NZ or the course of justice in an overseas jurisdiction

59
Q

What is the first general principal of investigative procedure relating to misleading justice offences?

A

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

60
Q

What is the second general principal of investigative procedure relating to misleading justice offences?

A

It is no defence to a charge of conspiring to defeat the course of justice that the aim of the offender was to secure a just result, or one they believed was right

61
Q

What is the third general principal of investigative procedure relating to misleading justice offences?

A

In situations where you are unable to establish a conspiracy pursuant to section 116, the evidence may reveal a wilful attempt to obstruct, prevent, pervert or defeat the course of justice subject to section 117

62
Q

What is the fourth general principal of investigative procedure relating to misleading justice offences?

A

You may only commence 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 enquiries into an allegation of perjury without reference to the court or Commissioner of Police.

63
Q

What is the fifth general principal of investigative procedure relating to misleading justice offences?

A

Complaints of perjury can arise in two ways:
- An individual may complain that someone has perjured themselves
- A judge may state or direct in a court recommendation that the Police undertake inquiries into the truth of the evidence given by a witness.

64
Q
A

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