Liability 108(1)

Question 1

Perjury

Section and Penalty

Answer 1

Section 108(1) Crimes Act 1961

Question 2

Perjury

Ingredients

Answer 2

.1 A witness making any

.2 Assertion as to any matter of fact, opinion, belief, or knowledge

.3 In any judicial proceeding

.4 Forming part of that witness’s evidence on oath

.5 Known by that witness to be false,

AND

Intended to mislead the tribunal

Question 3

.1 A witness making any

Answer 3

Witness:
A person who gives evidence and is able to be cross-examined in a proceeding. Includes people who have, is, will give evidence.

Question 4

.2 Assertion as to any matter of fact, opinion, belief, or knowledge

Answer 4

Assertion:
Something declared or stated positively, often with no supporting evidence or proof of the assertion’s accuracy.

_____

Matter of Fact:
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.

_____

Opinion:
A statement of opinion that tends to prove or disprove a fact. Generally not admissible except under s24 & s25 Evidence Act 2006
s4, Evidence Act 2006

_____

Belief:
A subjective feeling regarding the validity of an idea or 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.

____

Knowledge:
Knowing means knowing or correctly believing. The belief must be a correct one. Where the belief is wrong a person cannot know something.
Simester and Brookbanks

Question 5

.3 In any judicial proceeding

Answer 5

Giving evidence in a proceeding by way of audio-visual link from another location is to be considered as taking place at the hearing.

Question 6

.4 Forming part of that witness’s evidence on oath

Answer 6

Giving Evidence:
(a) In an ordinary way - Personally in court or by affidavit
(b) In an alternative way - CCTV, DVD, Screens etc.
(c) In any other way provided for under this Act or any other enactment.
s4, Evident Act 2006

_____

Oath:
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.

OR

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

OR

Declaration:
Witness under 12 years may make a declaration, which is a promise to tell the truth.

Question 7

.5 Known by that witness to be false,

AND

Intended to mislead the tribunal

Answer 7

Intention to mislead:
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.

Corroboration required:
It is necessary for the Prosecution evidence to be corroborated in offences of Perjury, False Oaths and False Statements or Declarations.
s121(1)(a), Evidence Act 2006