Chapter 2 - Crimes against the administration of justice

Question 1

Perjury at common law

Answer 1

The elements of this crime are:

1. The making of a declaration
2. which is false
3. under oath or in a form equivalent to an oath
4. in the course of a legal proceeding
5. in an unlawful and
6. intentional manner

Question 2

Statutory perjury

Answer 2

The elements of this crime are:

1. The making of two declarations
2. which are conflicting
3. under two different or in any form equivalent to an oath
4. in an unlawful and
5. intentional manner

Question 3

Defeating or obstructing the course of justice

Answer 3

The elements of the crime are:

1. Any act which
2. defeats or obstructs the course of justice
3. in an unlawful and
4. intentional manner

Question 4

Contempt of court

Answer 4

The elements of this crime are the following:

1. (a) The violation of the dignity, etc, of the judicial body or the judicial officer, or

(b) the publication of information or commentary concerning a pending judicial proceeding, etc.

2. In an unlawful and
3. intentional manner

Question 5

Contempt in facie curiae

Answer 5

1. Shouting at witnesses during -examination
2. A legal representative’s conducting of a case under the influence of alcohol
3. Continual changing of one’s seat and talking loudly
4. Grabbing and tearing court documents into pieces