Misleading Justice Flashcards
Evidence of perjury, false oath, or false statement
Legislation
No one shall be convicted….
Evidence of perjury, false oath, or false statement
Section 112 CA61
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
Elements
Every one is liable to…
Fabricating Evidence
Section 113 CA61
Every one 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.
Witness
Definition
A witness is a…
Witness
A witness is a person who gives evidence and is able to be cross-examined in a proceeding.
This includes a person who is actively engaged in the process of giving evidence and/or one who has previously given evidence. The term witness also includes a person who will give evidence.
Assertion
Definition
This is something…
Assertion
This is something declared or stated positively, often with no support or attempt made at furnishing evidence or proof of the assertion’s accuracy.
Matter of Fact
Definition
A fact is…
Matter of Fact
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
Definition
Opinion, in relation…
Opinion - a statement of opinion that tends to prove or disprove a fact.
A statement of an opinion is not admissible in a proceeding, except as provided by section 24 and 25 of the Evidence Act 2006.
Opinion evidence of lay witnesses
Legislation
and when opinion evidence is permissible
A witness may state…
Opinion evidence of lay witnesses
Section 24 Evidence Act 06
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
Under this section, lay witnesses are routinely permitted to give evidence concerning:
- apparent age
- identity,
- physical and emotional state of people,
- condition of articles (worn, used, or new),
- speed,
- whether a person is under the influence of drink.
Belief
Definition
A subjective…
Belief
A subjective feeling regarding the validity of an idea or set of facts. It is more than mere suspicion and less than knowledge.
Knowledge
Definition
“Knowing” means…
Knowledge
“Knowing” means “knowing, or correctly believing”
the belief must be a correct one,
where the belief is wrong a person cannot know something:
Oath
Definition
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.
For example, a Christian would swear an oath on the Bible.
Affirmation
Definition
This is a verbal…
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 without reference to religious belief
Declaration - witness under 12
What is this also called
A witness under…
Declaration - witness under 12
A witness under 12 years old may make a declaration, which is a promise to tell the truth.
