Misleading Justice Flashcards
Perjury defined
Section 108, Crimes Act 1961
(1) 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 on 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 proceeding
Formal Statement
Section 83, Criminal Procedure Act 2011
False Statement in Formal Statement Deemed to be Perjury
A formal statement filed under section 85 is to be treated as evidence on oath given in a judicial proceeding within the meaning of section 108 (Perjury)
Punishment of Perjury
Section 109, Crimes Act 1961
(1) Except as in subsection (2), everyone is liable to imprisonment for a term not exceeding 7 years who commits perjury
(2) If perjury is committed in order to procure the conviction of a person for any offence for which the maximum punishment is not less than 3 years imprisonment the punishment may be imprisonment for a term not exceeding 14 years
False Oaths
Section 110, Crimes Act 1961
Everyone is liable to imprisonment for a term not exceeding 5 years who, being required or authorised by law to make any statement on oath or affirmation, thereupon makes a statement that would amount to perjury if made in a judicial proceeding
False Statements or Declarations
Section 111, Crimes Act 1961
Everyone is liable to imprisonment for a term not exceeding 3 years who, on any occasion on which he is required or permitted by law to make any statement or declaration before any officer or person authorised by law to take or receive it, or before any notary public to be certified by him as such notary, makes a statement or declaration that would amount to perjury if made on oath on a judicial proceeding
Evidence Required for false oath (110) or false statement (111)
Section 112, Crimes Act 1961
No one shall be convicted of perjury, or of any offence against section 110 or section 111 of this Act , on the evidence of one witness only, unless the evidence of that witness is corroborated in some material particular by evidence implicating the defendant
Fabricating Evidence
Section 113, Crimes Act 1961
Everyone is liable to imprisonment for a term not exceeding 7 years who, with intent to mislead any tribunal holding any judicial to which section 108 applies, fabricates evidence by any means other than perjury.
Elements of Perjury
- A witness
- making any assertion as to any matter of fact, opinion, belief or knowledge
- 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
Witness
Person who gives evidence and is able to be cross-examined in a proceeding.
Includes someone who;
- is actively engaged in the process of giving evidence
- has previously given evidence
- will give evidence
Assertion
Something declared or stated positively
Matter of Fact
Used by 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
In relation to a statement offered in evidence, means a statement of opinion that tends to prove or disprove a fact.
not admissible in a proceeding, except as provided by section 24 & 25 of the Evidence Act 2006
Opinion evidence by Lay witnesses
Section 24, Evidence Act 2006
A witness may state an opinion in evidence in a proceeding if that opinion is necessary to enable the witness to communicate, or the fact-finder to understand, what the witness saw, heard, or otherwise perceived
Can include evidence concerning
apparent age, identity, speed, physical and emotional state of people, condition of articles and whether a person is under the influence of alcohol
Section 25 deals with the admissibility of expert opinion evidence
Belief
Belief is having faith in an idea or formulating a conclusion as the result of considering the available information.
Oath, Affirmation & Declaration
OATH
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.
AFFIRMATION
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
DECLARATION
A witness under 12 years old may make a declaration, which is a promise to tell the truth
Evidence Act 2006
Section 121, Corroboration
There must be something corroborating the evidence in respect to the offences of
- Perjury (Section 108 CA1961)
- False Oaths (Section 110 CA1961)
- False statements or declarations (section 111, CA1961)
- Treason
This is to protect witnesses from vexatious accusations of lying on oath. It is thought if it was too easy to prosecute, this may discourage people from giving evidence
Conspiring to defeat justice
Section 116, Crimes Act 1961
Everyone is liable to imprisonment for a term not exceeding 7 years who conspires to obstruct, prevent, pervert or defeat the course of justice
Course of Justice
Is not defined within the Act.
The offence of conspiring to defeat justice extends to include conduct intended to affect whether or not proceedings will ever be started.
Examples of misleading justice
Within Section 116 & 117 may include:
- Preventing a witness from testifying
- Wilfully going absent as a witness
- Threatening or bribing witnesses
- Concealing the fact an offence has been committed
- Intentionally giving Police false information to obstruct their inquiries
- Supplying false information to probation officers
- Assisting a wanted person to leave the country
- Arranging a false alibi
- Threatening or bribing jury members
Corrupting juries and witnesses
Section 117, Crimes Act 1961
7 years imprisonment
a) dissuades or attempts to dissuade any person by threats, bribes or other corrupt means, from giving evidence in any cause or matter
b) influences or attempts to influence, by threats, bribes or other corrupt means, a member of a jury in his or her conduct as such
c) accepts any bribe or other corrupt consideration to abstain from giving evidence
d) accepts any bribe or other corrupt consideration on account of his or her conduct as a member of a jury
e) wilfully attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice in NZ or the course of justice in an overseas jurisdiction
Investigation Procedure
- Conspiring to defeat the course of justice encompasses both civil and criminal proceedings
- It is no defence to a charge of conspiring to defeat the course of justice that the aim of the offender was to secure a just result, or one they believed was right
- In situations where you are unable to establish a conspiracy pursuant to section 116, the evidence may reveal a wilful attempt to obstruct, prevent, pervert or defeat the course of justice subject to 117
- You may only commence prosecution for perjury (civil or criminal), where it is recommended by the Courts or you are directed to do so by the commissioner of Police. You may, however, begin inquiries into an allegation of perjury without reference to the court or commissioner of Police
- Complaints of perjury can arise in two ways:
1. An individual may complain that someone has perjured themselves
2. A judge may state or direct in a court recommendation that the Police undertake inquiries into the truth of the evidence given by the witness
