Misleading Justice Flashcards
Elements of Perjury
Crimes Act 1961, s108
-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
Evidence of perjury, false oath, or false statement
s112
No one shall be convicted of perjury, or of any offence against sections 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.
Fabricating evidence
s113 - Penalty, elements
Everyone 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.
Define witness
A witness is a person who gives evidence and is able to be cross examined in a proceeding
Opinion evidence by Lay witnesses
Evidence Act 2006, s24
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.
Intention to mislead - Perjury
When offence is complete, recanting false evidence
The offence of perjury is complete at the time the false evidence is given accompanied by an intention to mislead the tribunal.
There is no defence where the witness later recants and informs the tribunal of the falsity of the earlier given evidence.
Examples of misleading justice
9 examples
Examples of conspiring or attempting to mislead justice within sections 116 and 117 may include:
-Preventing a witness from testifying
-Wilfully going absent as a witness
-Threatening or bribing witnesses
-Concealing the fact a crime has been committed
-Intentionally giving Police false information to obstruct their enquiries
-Supplying false information to probation officers
-Assisting a wanted person to leave the country
-Arranging a false alibi
-Threatening or bribing jury members
Perjury - Prosecution and Enquiries
When can a prosecution be commenced, when can enquiries be made
Can only start a prosecution where recommended by Courts or directed to do so by Commissioner of Police.
Can commence enquiries into allegation of perjury without approval of courts or Commissioner of Police.
Define assertion
Something declared or stated positively, often with no support or attempt made at furnishing evidence or proof of the assertion’s accuracy.
Define matter of fact
The term “matter of fact” is used by the courts to distinguish a particular kind of information.
A fact is a thing done, an actual occurrence or event, and it is presented during court proceedings in the form of witness testimony or evidence.
Define opinion
Opinion is defined in s4 of the Evidence Act 2006.
Opinion, 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 as provided by sections 24 and 25 of the Evidence Act 2006.
Define belief
Belief is essentially a subjective feeling regarding the validity of an idea or set of facts.
It is more than mere suspicion and less than knowledge.
Belief is having faith in an idea or formulating a conclusion as the result of considering the available information.
Three ways of giving evidence
To give evidence means to give evidence in a proceeding (s4 Evidence Act 2006) in one of three defined ways:
(a) in the ordinary way as described in s83 (personally in court or by affidavit) or
(b) in an alternative way, as provided for by s105 (CCTV, DVD, screens etc.)
or
(c) in any other way provided for under this Act or any other enactment
