Lesson 4 - Crimes Against Public Justice

Question 1

What are some examples from case law which illustrate the different ways in which someone can Attempt to Pervert the Course of Justice?

Answer 1

• Active destruction of, or concealment of, evidence which may lead to the detection of a serious crime (particularly when committed by some person other than the accused)
• Requesting a witness refrain from identifying an accused
• Where the police are trying to trace a suspect, assisting that person to evade the officers
• An accused person tampering with blood samples taken during drink driving procedures
• As a potential witness, intentionally telling lies to the police during the course of criminal investigation
• A motorist attempting to evade prosecution by supplying the police with a false name or address

Question 2

What are the different crimes against public justice?

Answer 2

• Attempt to pervert the course of justice
• Perjury
• Subornation of perjury
• Contempt of court
• Wasting police time

Question 3

What are the essential elements for Perjury?

Answer 3

• Falsehood must be made under oath or affirmation in civil or criminal proceedings
• It must be proved to be false and that the accused knew it was false
• It must relate to evidence of fact. It is not perjury if due to faulty recollection or misunderstanding
• It must be direct and unequivocal
• It must be relevant to the point at issue. It is not perjury if the evidence is irrelevant or incompetent

Question 4

When is the crime of Subornation of Perjury committed?

Answer 4

When the witness submits to the inducement and gives false evidence
However the common law crime of attempted subornation of perjury is complete as soon as any inducement or intimidation etc. has been made

Question 5

What are some examples for Contempt of Court?

Answer 5

• Failing to attend court when cited
• An accused, witness, juror or Police Officer attending court under the influence of alcohol
• Refusing to take the oath or affirmation
• Wilfully misleading the court by giving inconsistent or contradictory evidence
• Refusing to answer question allowed by court
• Refusing to produce documents when required by court
• Failing to obey lawful order of court
• Behaving in an insulting or challenging manner
• Attempting to make unofficial recordings of court proceedings
• Allowing a mobile phone/airwave to sound in court