*Misleading Justice

Question 1

Perjury - s108(1) CA61

Answer 1

• 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

Question 2

Witness
- Definition

Answer 2

• A person who gives evidence and can be cross examined in a proceeding.

This includes a person actively engaged in giving evidence, or someone who has given, or will give evidence.

Question 3

Assertion
- Definition

Answer 3

Something declared or stated positively, often with no support or attempt made at furnishing evidence or proof of the assertion’s accuracy.

Question 4

Matter of fact
- Definition

Answer 4

A fact is a thing done, an actual occurrence or event, and is presented during court in the form of witness testimony & evidence.

Question 5

Opinion
- s4 Evidence Act 2006

Answer 5

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

It’s not admissible in a proceeding, except as provided by s24 & 25 of the Evidence Act.

Question 6

Belief
- Definition

Answer 6

• Belief is essentially a subjective feeling regarding the validity of an idea or set of facts.
• It’s more than mere suspicion and less than knowledge.

Question 7

Knowledge
- Simester & Brookbanks

Answer 7

Knowing means knowing or correctly believing… The belief must be a correct one, where the belief is wrong a person cannot know something.

Question 8

Judicial proceeding
- Definition

Answer 8

• Any hearing presided over by a judge or judicial officer.

Giving evidence in a proceeding by way of audio-visual link from another country is still perjury in NZ.

Question 9

Oath
- Definition

Answer 9

A declaration before a person authorized to administer an oath, which invokes some religious belief and says that a thing is true or right.

Question 10

Affirmation
- Definition

Answer 10

A verbal or written declaration, before a person authorized to administer an oath, saying that a thing is true or right without reference to religious belief.

Question 11

Declaration
- Definition

Answer 11

A witness under 12yrs old may make a declaration, which is a promise to tell the truth.

Question 12

Intention to mislead
- When is Perjury complete?

Answer 12

• Perjury is complete at the time the false evidence is given, accompanied by an intention to mislead the tribunal.
• There’s no defence if the witness later recants and informs the tribunal of its falsity.

Question 13

What intent must you be able to prove in order to establish a charge of perjury?

Answer 13

The offenders intention to mislead the tribunal holding the proceeding.

Question 14

Examples of conspiring or attempting to mislead justice within sections 116 & 117 may include:

Answer 14

• Wilfully going absent as a witness.
• Arranging a false alibi.
• Threatening or bribing witnesses.
• Threatening or bribing jury members.
• Concealing the fact an offence has been committed.
• Assisting a wanted person to leave the country.
• Preventing a witness from testifying.
• Supplying false info to probation officers.
• Intentionally giving police false info to obstruct inquiries.

Question 15

When may a prosecution for perjury begin?
- Investigative procedures

Answer 15

• You can only start a prosecution for perjury, where it’s recommended by the courts, or you’re directed to do so by the Commissioner of Police.
• You may, however, begin inquiries into an allegation of perjury without reference to the court or Commissioner.

Question 16

What are the 2 main points to be covered when interviewing a suspect in relation to perjury?

Answer 16

• Whether they knew their assertion was false.
• Whether they intended to mislead the tribunal holding the proceeding.

Question 17

Conspiring to defeat the course of justice encompasses both:

Answer 17

Civil and criminal proceedings.

Question 18

Evidence of perjury, false oath or false statement
- s112

Answer 18

No one shall be convicted of perjury, or any offence against s110 or s111, on the evidence of one witness only,

unless the evidence of the witness is corroborated in some material particular by evidence implicating the defendant.

Question 19

Fabricating evidence
- s113

Answer 19

Anyone who fabricates evidence by any means other than perjury with intent to mislead a tribunal in relation to s108 is liable to imprisonment up to 7yrs.