Misleading Justice

Question 1

Perjury

Answer 1

A witness making any:

Assertion as to any matter of fact, opinion, belief, or knowledge
in any Judicial proceeding
forming any part of that witness’s evidence on oath
known by that witness to be false, and
intended to mislead the tribunal.

Question 2

Punishment of Perjury

Answer 2

Crimes Act 1961
Section 109

(1) Except as provided in subsection (2) of this section, everyone is liable to imprisonment for a term not exceeding 7 years who commits perjury.

(2) If perjury is committed in order to procure the conviction of a person for any offence for which the maximum punishment is not less than 3 years’ imprisonment, the punishment may be imprisonment for a term not exceeding 14 years.

Question 3

Conspiring to Defeat Justice

Answer 3

Crimes Act 1961
Section 116

Everyone is liable to imprisonment for a term not exceeding 7 years who conspires to obstruct, prevent, pervert, or defeat the course of justice.

Question 4

Examples of misleading justice

Answer 4

Preventing a witness from testifying.
Wilfully going absent as a witness.
Threatening or bribing witnesses.
Concealing the fact an offence has been committed.
Intentionally giving Police false information to obstruct their inquiries.
Supplying false information to Probation Officers.
Assisting a wanted person to leave the country.
Arranging a false alibi.
Threatening or bribing jury members.

Question 5

Corrupting Juries and Witnesses

Answer 5

Crimes Act 1961
Section 117

Everyone is liable to imprisonment for a term not exceeding 7 years who:

(a) Dissuades or attempts to dissaude any person, by threats, bribes or other corrupt means, from giving evidence in any cause or matter (whether civil or criminal, and whether tried or to be tried in New Zealand or in an overseas jurisdiction); or

(b)