Misleading justice

Question 1

What is perjury?

Answer 1

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 and that assertion being known to the witness to be false and being intended to mislead the tribunal

Question 2

Witness

Answer 2

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

Question 4

Fact

Answer 4

A kind of information. A fact is a thing done that is presented during proceedings in the form of testimony or evidence

Question 5

Opinion

Answer 5

A statement of opinion that tends to prove or disprove a fact

Question 6

Section 108(1), Crimes Act 1971

Answer 6

(1) A witness making any
(2) Assertion as to any matter of fact, opinion, belief or knowledge
(3) In any judicial proceeding
(4) Forming part of that witnesses evidence on oath
(5) Known by the witness to be false
(6) And intended to mislead the tribunal

Question 7

General admissibility of opinion (section 24 Evidence Act 2006)

Answer 7

A witness may state an opinion in evidence if that opinion is necessary to:

• Enable the witness to communicate
• Enable the fact-finder to understand

What the witness saw, heard or otherwise perceived

Question 8

Belief

Answer 8

Having faith in an idea or formulating a conclusion as the result of considering the information available (subjective)

Question 9

Knowledge

Answer 9

Knowing or correctly believing (being free from doubt)

Question 10

Judicial proceeding

Answer 10

Any proceeding held in a court of justice

Question 11

Oath

Answer 11

A declaration before a person gives evidence which invokes some religious belief that a thing is true or right

Question 12

Affirmation

Answer 12

Verbal or written declaration saying that a thing is true or right

Question 13

Declaration

Answer 13

A promise to tell the truth

Question 14

When is perjury offence complete?

Answer 14

At the time the false evidence is given accompanied by an intention to mislead the tribunal

Question 15

Corroboration - evidence of perjury

Answer 15

There must be something corroborating the allegation that an element of these offences occurred (section 121, Evidence Act 2006)

Why - to protect witnesses from vexatious accusations of lying on oath

Question 16

Section 83, Criminal Procedure Act 2011
(False statement in FWS deemed to be perjury)

Answer 16

A formal written statement filed under section 85 is to be treated as evidence on oath given in a judicial proceeding (within meaning of s108 perjury)

Question 17

What is the punishment of perjury? (section 109, Crimes Act 1961)

Answer 17

7yrs imprisonment (not exceeding)

If perjury is committed in order to procure the conviction for any punishment not less than 3yrs - 14yrs (not exceeding)

Question 18

Section 110, Crimes Act 1961
(False oaths)

Answer 18

5yrs imprisonment (not exceeding)

Being required to make a statement on oath or affirmation, and makes a statement that would amount to perjury if made in a judicial proceeding

Question 19

Section 111, Crimes Act 1961
(False statements or declarations)

Answer 19

3yrs imprisonment (not exceeding)

On any occasion on which a person is required to make any statement or declaration before any officer or person authorised, makes a statement or declaration that would amount to perjury if made on oath in a judicial proceeding

Question 20

Section 112, Crimes Act 1961
(Evidence of perjury etc)

Answer 20

No one shall be convicted of perjury, s111 or s112 on the evidence of one witness only, unless it is corroborated by some other evidence

Question 21

Section 113, Crimes Act 1961
(Fabricating evidence)

Answer 21

7yrs imprisonment (not exceeding)

With intent to mislead any tribunal (in judicial proceeding) fabricates evidence by any means other than perjury

Question 22

Section 116, Crimes Act 1961
(Conspiring to defeat justice)

Answer 22

7yrs imprisonment (not exceeding)

Conspires to obstruct, prevent, pervert or defeat the course of justice

Question 23

Course of justice

Answer 23

Incudes conduct intended to affect whether or not proceedings will ever be started

Question 24

Examples of conspiring to defeat justice (s116) and corruption (s117)

Answer 24

(1) Preventing a witness from giving evidence
(2) Wilfully going absent as a witness
(3) Threatening or bribing a witness
(4) Concealing the fact that an offence has been committed
(5) Intentionally offering authorities false information to obstruct their enquiries
(6) Threatening or bribing jury members

Question 25

Section 117, Crimes Act 1961
(Corruption - juries and witnesses)

Answer 25

7yrs imprisonment (not exceeding)

(1) Dissuades or attempts to dissuade any person by threats, bribes or other corrupt means from giving evidence

(2) Influences or attempts to influence, by threats, bribes or other corrupt means, a member of a jury

(3) Accepts any bribe or other corrupt consideration to abstain from giving evidence

(4) Accepts any bribe or other corrupt consideration on account of his or her conduct as a member of a jury

(5) Wilfully attempts in any other way to obstruct, prevent, pervert or defeat the course of justice in NZ or overseas jurisdiction

Question 26

Prosecution - perjury

Answer 26

You may only commence a prosecution for perjury where it is recommended by the courts or you are directed to do so by the Commissioner