Misleading Justice

Question 1

Legislation

Answer 1

Perjury
Section 108 (1)

Perjury is an

• assertion as to any matter of fact, opinion, belief, or knowledge
• made by a witness
• in any judicial proceeding
• forming part of that witness’s evidence on oath
• known by that witness to be false, and
• intended to mislead the tribunal

Question 2

Witness

Answer 2

A witness is a person who gives evidence and is able to be cross-examined in a proceeding.

Question 3

Assertion

Answer 3

Something declared or stated positively, often with no support or attempt made at furnishing evidence

Question 4

Matter of fact

Answer 4

A matter of fact is a thing done, an actual occurrence or event, and it is presented during court proceedings

Question 5

Opinion

Answer 5

Means a statement of opinion that tends to prove or disprove a fact.

Question 6

What does opinion evidence given by a lay witness mean

Answer 6

Lay witnesses give evidence concerning apparent age, identity, speed, physical and emotional state of people, condition of articles (worn, used, or new), and whether a person is under the influence of drink.

Question 7

Belief

Answer 7

Belief is essentially 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.

Question 8

Knowledge

Answer 8

“Knowing” means “knowing, or correctly believing” … the belief must be a correct one, where the belief is wrong a person cannot know something:

Question 9

3 ways of Giving evidence

Answer 9

(a) in the ordinary way (personally in court or by affidavit)
(b) in an alternative way, s105; (CCTV, DVD, screens etc.)
(c) in any other way provided for under this Act or any other enactment.

Question 10

Oath

Answer 10

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.

Question 11

Affirmation

Answer 11

This is a verbal or written 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 12

Declaration

Answer 12

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