Misleading Justice

Question 1

Perjury

Section 108, Crimes Act 1961

Answer 1

• A witness making any
• Assertion as to any matter of act, opinion, belief, or knowledge
• In any judicial proceeding
• Forming part of that witness’s evidence on oath
• Known by the witness to be false, and
• Intended by the witness to mislead

Question 2

Witness

Answer 2

A person who gives evidence and is able to be cross examined

Question 3

Assertion

Answer 3

Something declared or stated positively, often with no support or attempt made a furnishing evidence of proof of the assertion’s accuracy

Question 4

Opinion

Answer 4

In relation to a statement offered in evidence, means a statement of opinion that tends to prove or disprove a fact

Question 5

Lay Witnesses

Answer 5

Routinely permitted to 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 alcohol

Question 6

Belief

Answer 6

A subjective feeling regarding the validity of an idea or set of facts. It is more than mere suspicion and less than knowledge.

Question 7

Oath, Affirmation, Declaration

Answer 7

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 - Verbal or written declaration before a person who has authority to administer an oath saying that a thing is true or right. Non religious.

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

Question 8

Intention to Mislead

Answer 8

The offence of perjury is complete at the time the false evidence is given accompanied by an intention to mislead the tribunal.

Question 9

Examples of Misleading Justice

Answer 9

• 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

Question 10

Corroboration Required

Answer 10

It is necessary in a criminal proceeding for the evidence on which the prosecution lies to be corroborated with respect to the offences involving perjury, false oaths and false statements or declarations.

The evidence of a witness requires corroboration in some material particular that implicates a defendant before a conviction for perjury can be recorded.

Where there is no corroborating evidence of perjury, the Judge must stop the case at the close of the prosecution case and direct an acquittal.

Question 11

Justification

Answer 11

The justification for the corroboration in the case of perjury is to protect witnesses from vexatious accusations of lying on oath

Question 12

Investigative Procedure

Answer 12

• Conspiring to defeat the course of justice encompasses both civil and criminal court
• Not a 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, the evidence may reveal a wilful attempt to obstruct, prevent, pervert or defeat the course of justice

Question 13

Investigative Procedure - Continued

Answer 13

• You may only commence a prosecution for perjury where it is recommended by the courts or you are delighted to do so but he Commissioner of Police. You may, however, begin inquiries into an allegation of perjury without reference to the court or Commissioner of Police.
• Complainants of perjury can arise in two ways:
  (a) an individual may complain that someone has perjured themselves
  (b) A judge may state or direct in a court recommendation that the police undertake inquiries into the truth of the evidence given by a witness