Association Offences - Perjury

Question 1

Act, Section, and Elements for Perjury

Answer 1

Perjury Section 108(1) CA1961
- A witness making any
- Assertion as to Any Matter of Fact, Opinion, Belief, or Knowledge
- In Any Judicial Proceeding
- Forming Part of That Witness’ Evidence on Oath
- Known by the Witness to be False, and Intended to Mislead the Tribunal

Question 2

Define Witness

Answer 2

A person who gives evidence and is able to be cross-examined in court.

Question 3

Define Assertion

Answer 3

Something that is declared or stated positively with no evidence or proof of accuracy.

Question 4

Define Matter of Fact

Answer 4

An actual occurrence or event that is presented during court proceedings by witness testimony.

Question 5

Define Opinion

Answer 5

A statement that tends to prove or disprove a fact. Opinion evidence can only be given by experts or approved ‘lay witnesses’ as outlined in the evidence act.

Question 6

Define Belief

Answer 6

A Subjective feeling regarding the validity of an idea or set of facts. More than suspicion but less than knowing.

Question 7

Define Knowledge

Answer 7

Simester & Brookbanks - Knowing means “Knowing or correctly believing”. Someone can belive something that is incorrect, but cannot ‘know’ something that is wrong.

Question 8

Define Oath

Answer 8

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. eg. a Christian would swear an oath on a bible.

Question 9

Define Affirmation

Answer 9

A declaration before a person who has authority to administer an oath, saying that a thing is true or right without reference to religious belief.

Question 10

Define Declaration

Answer 10

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