Misleading Justice

Question 1

Perjury defined

S108 CA 61

Answer 1

Perjury defined
S108(1) CA 61

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 or 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 proceedings

Question 2

Fabricating evidence

Answer 2

Fabricating evidence
S113 CA 61

Everyone 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

Question 3

A witness

Answer 3

A witness is a person that has given evidence as part of a judicial tribunal and is able to be cross examined. May also include a person who is about to give evidence.

Question 4

An assertion

Answer 4

An assertion is a something declared or stated positively

Question 5

A matter of fact

Answer 5

A matter of fact is something that has occurred. This includes a past event or fact that has happened.

Question 6

A judicial proceeding

Answer 6

A judicial proceeding is any type of court proceeding. It includes giving evidence by a visual audio link from another country.

Question 7

Evidence on oath

Answer 7

Evidence can be given in several ways including in person in court or by alternative way such as with screens, by audio or visual link, DVD ect or any other way provided for under this act.

An oath is a declaration before a person who has authority to administer an oath and says whether a thing is true or right. An oath and an affirmation are deemed to have equal bearing.

Question 8

Intending to mislead the tribunal (defendant’s intentions)

Answer 8

The defendant’s intentions must be to mislead the tribunal. Where that intention does not exist, no offence has been committed. Intent involves two elements, intention to commit the act and an intention to bring about a specific result.

Question 9

List 8 examples of conspiring or attempting to mislead justice

Answer 9

1. Preventing a witness from testifying
2. Wilfully going absent as a witness
3. Threatening or bribing witnesses
4. Concealing the fact an offence has been committed
5. Intentionally giving police false information to obstruct there enquiries
6. Supplying false information to probation officers
7. Assisting a wanted person to leave the country
8. Arranging a false alibi
9. Threatening or bribing jury members

Question 10

When can you commence a prosecution for perjury

Answer 10

Only when it is recommended by the courts or you are directed to by the police commissioner

However you may begin enquiries into an allegation of perjury without reference to the court or police commissioner

Question 11

Complaints of perjury can arise in two ways

Answer 11

1. An individual may complain that someone has perjured themselves
2. A judge may state or direct in a court recommendation that police undertake inquiries into the truth of the evidence given by a witness