Misleading justice

Question 1

Perjury
S108 CA1961

F.O.B.K

Answer 1

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

Question 2

Examples of judicial proceedings

Answer 2

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

Question 3

Is a false statement deemed to be perjury?

Answer 3

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

Question 4

Punishment for perjury
s109 CA1961

Answer 4

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

Question 5

False oath punishment
s110 CA1961

Answer 5

5 years

Question 6

False statement punishment
s111 CA1961

Answer 6

3 years

Question 7

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

Answer 7

Can’t be convicted unless there is other corroborating evidence

Question 8

Fabricating evidence punishment
s113

Answer 8

7 years

Question 9

Elements of perjury

Answer 9

• 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

Question 10

Witness

Answer 10

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

Question 11

Assertion

Answer 11

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

Question 12

Matter of fact

Answer 12

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

Question 13

Opinion

Answer 13

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

Question 14

Belief

Answer 14

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

Question 15

Opinion evidence by lay witness

Answer 15

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

Question 16

Knowledge

Answer 16

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

Question 17

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

Answer 17

Perjury

Question 18

Oath, affirmation and declaration

Answer 18

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

Question 19

When is the offence of perjury completed

Answer 19

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

Question 20

Intention to mislead - When is perjury complete?

Answer 20

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

No intent to mislead = no offence

Question 21

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

Answer 21

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

Question 22

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

Answer 22

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

Judge does not have to warn the jury

Question 23

Why does there need to be corroborating evidence of perjury?

Answer 23

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

Question 24

Punishment for conspiracy to defeat justice
s116

Answer 24

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

Question 25

Define course of justice

Answer 25

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

Question 26

Corrupting juries and witnesses s117

Answer 26

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

Question 27

Penalty for s117 corrupting juries and witnesses

Answer 27

7 years

Question 28

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

Answer 28

- preventing witness from testifying - threatening or bribing witnesses - threatening or bribing jury members - arranging false alibi - intentionally giving Police false information

Question 29

Investigating misleading justice offences

Answer 29

- 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

Question 30

When can police prosecute for perjury?

Answer 30

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

Question 31

What are the two ways perjury arises from?

Answer 31

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