Misleading Justice Flashcards
Perjury
Crimes Act 1961
S 108 (1), (2), (3)
(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 INTENDED BY HIM TO MISLEAD the tribunal holding the proceeding.
(2) Oath includes affirmations and declarations made under S 13 of Oaths and Declarations Act 1957.
(3) Every person is a WITNESS within the meaning of this section who ACTUALLY GIVES EVIDENCE. whether he is competent to be a witness or not, and whether his evidence is admissible or not.
Formal Statement
S 83, Criminal Procedures Act
False statement in formal statement deemed to be perjury.
A formal statement filed under S 85 is to be treated as EVIDENCE ON OATH GIVEN IN A JUDICIAL PROCEEDING within the meaning of S 108 of the Crimes Act 1961 (relates to perjury).
Punishment of Perjury
S 109, Crimes Act
Imprisonment not exceeding 7 years.
If committed to procure conviction of a person for any offence for which the punishment IS NOT less than 3 years imprisonment, the punishment is imprisonment not exceeding 14 years.
False Oaths
S 110, Crimes Act
(Statements)
Imprisonment not exceeding 5 years.
Required or authorised by law
to make any STATEMENT on oath or affirmation,
makes a statement that would amount to perjury in a judicial proceeding.
False Statements or Declarations
S 111, Crimes Act
Imprisonment not exceeding 3 years.
Required or permitted by law
to make any statement or declaration before any officer or person authorised 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 in a judicial proceeding.
Evidence of perjury, false statement or false oath
S 112, Crimes Act
Corroboration - S 121, Evidence Act
No one shall be convicted of perjury, or of any offence against S 110 or 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.
Corroboration required for such offence. Protects witnesses from vexatious accusations of lying on oath. Making it too easy to prosecute someone for perjury might discourage people from giving evidence.
Taylor v Manu - there must be something corroborating the allegation that an element of these offences occurred.
Fabricating Evidence
S 113, Crimes Act
Imprisonment not exceeding 7 years
With INTENT TO MISLEAD any tribunal holding judicial proceeding to which S 108 applies,
fabricates evidence
by ANY MEANS OTHER THAN PERJURY.
Elements of Perjury
When is offence complete?
R v Goodyear-Smith
- A witness making any
- assertion as to any matter of fact, opinion, belief or knowledge
- in any judicial proceeding
- forming part of that witness’ evidence on oath
- known by that witness to be false, and
- intended to mislead the tribunal.
Offence complete at the time the witness gives the false evidence with intention to mislead the tribunal. No defence where the witness later recants.
R v Goodyear-Smith - to be guilty of perjury, a witness must make a wilfully false statement in respect of an issue that the witness believes is of material importance to the proceeding.
Witness Assertion Matter of fact Belief Knowledge
Person who gives evidence and is able to be cross-examined in a proceeding
Something declared or stated positively.
Term used by the courts to distinguish a particular kind of information.
A subjective feeling regarding the validity of an idea or a set of facts. It is more than mere suspicion and less than knowledge.
Knowing or correctly believing. The belief must be a correct one. Where the belief is wrong, a person cannot know something.
Opinion
S 4, Evidence Act 2006
In relation to a statement offered in evidence,
means a statement of opinion that tends to prove or disprove a fact.
A statement of opinion is not admissible in a proceeding, except under S 24 and 25 of the Evidence Act.
Conspiring to Defeat Justice
S 116, Crimes Act
What does this include?
Charge wording?
Course of justice?
Every one is liable to imprisonment for a term not exceeding 7 years who conspires to obstruct, prevent, pervert or defeat the course of justice.
Includes conduct intended to affect whether or not proceedings will ever be started. Also includes situations where a VICTIM IS DISCOURAGED from pursuing a complaint or where FALSE STATEMENTS are made so as to ENGAGE POLICE in the task of investigating a complaint which would otherwise not be pursued.
Must make clear which of the alternative intents available fits the circumstances.
Not defined in the act. Includes proceedings initiated and continuing before a tribunal.
Examples of misleading justice (9)
- preventing a witness from testifying
- wilfully going absent as a witness
- threatening or bribing witnesses
- threatening or bribing jury members
- concealing an offence
- intentionally giving false information to Police to obstruct their inquiries
- supplying false information to probation officers.
- assisting a wanted person to leave the country.
- arranging a false alibi
Corrupting juries and witnesses
S 117, Crimes Act
a, b, c, d, e
(a) dissuades or attempts to dissuade any person by threats, bribes or other corrupt means, from giving evidence.
(b) influences or attempt to influence, by threats, bribes or other corrupt means, a member of a jury.
(c) accepts a bribe or other corrupt consideration to abstain from giving evidence
(d) accepts any bribe or other corrupt consideration on account of his/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 New Zealand or an overseas jurisdiction.
Investigation
Civil or criminal?
Defence that you were trying to secure a just result?
When can you commence a PROSECUTION for perjury?
How do complaints of perjury arise?
Conspiring to defeat the course of justice encompasses both civil and criminal proceedings
It is no defence to a charge that the aim of the offender was to secure a just result, or one they believed was right.
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 of Police. You may begin inquiries before that.
Complaints arise in two ways:
- an individual may complain that someone has perjured themselves.
- a Judge may state or direct in a court recommendation that the Police undertake enquiries into the truth of the evidence given by a witness.
