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association > Misleading justice > Flashcards

Misleading justice Flashcards

1
Q

Perjury
S108 CA1961

F.O.B.K

A

Perjury is an assertion 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 as being false and intended by him to mislead the tribunal holding the process

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2
Q

Examples of judicial proceedings

A
  • any court of justice
  • any person acting as a court or tribunal
  • the house of representatives
  • any arbitrator or umpire
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3
Q

Is a false statement deemed to be perjury?

A

Yes, a formal statement is to be treated as evidence on oath in a judicial proceeding.

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4
Q

Punishment for perjury
s109 CA1961

A

7 years UNLESS perjury is made to convict someone for an offence that is over 3 years then the perjury charge will be max 14 years

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5
Q

False oath punishment
s110 CA1961

A

5 years

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6
Q

False statement punishment
s111 CA1961

A

3 years

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7
Q

What happens if only one witness for offence of perjury, false oath or false statement?
s112 CA1961

A

Can’t be convicted unless there is other corroborating evidence

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8
Q

Fabricating evidence punishment
s113

A

7 years

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9
Q

Elements of perjury

A
  • a witness making any
  • assertion as to any matter of Fact, Opinion, Belief or Knowledge
  • in any judicial proceeding
  • forming part of what witness’s evidence on oath
  • known by that witness to be false and,
  • intended to mislead the tribunal
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10
Q

Witness

A

A person who gives evidence and is able to be cross examined in a proceeding.

Includes a person that HAS, CURRENTLY and WILL give evidence

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11
Q

Assertion

A

Something that is declared or stated positively, often with no support or attempt made at furnishing evidence or proof of accuracy

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12
Q

Matter of fact

A

Used by the courts to distinguish a particular kind of information

A fact is a thing done or an actual occurrence or event and is presented at court by witness testimony or evidence

A witness can testify about the facts of the base but not their opinions of it

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13
Q

Opinion

A

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

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14
Q

Belief

A

A subjective feeling regarding the validity of an idea or set of facts. More than mere suspicion but less than knowledge.

It is to formulate a conclusion as a result of considering the available information

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15
Q

Opinion evidence by lay witness

A

Enables witnesses to give evidence of a persons age, ID, physical and emotional state. As well as clothing worn and if a person was under the influence of alcohol

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16
Q

Knowledge

A

Knowing or correctly believing, the believing must be correct cause if it’s wrong then the person can not know.

Knowing or believing and free from doubt

17
Q

What happens if you give false evidence from another country via AVL?

A

Perjury

18
Q

Oath, affirmation and declaration

A

Oath - declaration before a person who has authority to administer an oath which invokes religious beliefs and says that a thing is true or right

Affirmation - a verbal and written declaration before a person who has authority to administer an oath, saying the the thing is true or right

Declaration - witness under 12 may take a declaration which is a promise to tell the truth

19
Q

When is the offence of perjury completed

A

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

20
Q

Intention to mislead - When is perjury complete?

A

At the time the false evidence is given with intent to mislead the tribunal. There is no defence.

No intent to mislead = no offence

21
Q

Does there need to be corroborating evidence of perjury, false statement or oath?

A

Yes there is, according to Taylor v Manu. Even if a person made a statement under no oath then made a contradicting statement under oath, this is not enough evidence unless there is a confession

22
Q

What offences will need corroborating evidence and does the judge need to warn about acting on uncorroborated evidence or lack of uncorroborated evidence?

A

108 - Perjury
110 - False oaths
111 - False statement or declarations
73 - Treason

Judge does not have to warn the jury

23
Q

Why does there need to be corroborating evidence of perjury?

A

It’s to protect witnesses from accusations from lying under oath. If it’s too easy to prosecute someone for perjury then it might discourage people from giving evidence

24
Q

Punishment for conspiracy to defeat justice
s116

A

7 years - conspires to obstruct, prevent, pervert or defeat the course of justice

25
Q

Define course of justice

A

Not defined in the act. The course of justice includes the following:

  • proceedings that are initiated and continuing at a tribunal
  • victims are discouraged not to make a complaint
  • false complaints are made so that the police would investigate something that would never be pursued in the first place
  • conduct intended to affect if a proceeding will start or not
26
Q

Corrupting juries and witnesses
s117

A

a) dissuades or attempts to dissuade any person by threats, bribes or other corrupt means from giving evidence

b) influences or attempts to influence by threats, bribes or other corrupt means, a member of the jury

c) accepts any bribes 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

27
Q

Penalty for s117 corrupting juries and witnesses

A

7 years

28
Q

Examples of conspiring or attempting to mislead justice within s116 and s117

A
  • preventing witness from testifying
  • threatening or bribing witnesses
  • threatening or bribing jury members
  • arranging false alibi
  • intentionally giving Police false information
29
Q

Investigating misleading justice offences

A
  • involves criminal and civil cases
  • no defence if the offender wanted to secure a result that believed was right
  • If no evidence for conspiring to defeat justice, you may look into wilfully OBP or D the course of justice under 117
30
Q

When can police prosecute for perjury?

A

Under the direction of the courts of the commissioner of police, however you can begin inquiries without their direction

31
Q

What are the two ways perjury arises from?

A

1) an individual may complain that someone has perjured themselves

2) just stating to police to make inquiries to the truth of evidence given by a witness

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