Misleading justice

Question 1

Section and elements of Perjury (Liability)

Answer 1

Section 108(1) Crimes Act 1961

Elements:
- a witness making an
- assertion as to any matter of fact OR opinion OR belief OR knowledge
- in any judicial proceeding
- forming part of that witness’s evidence on oath
- known by that witness to be false, and
- intended to mislead the tribunal

Question 2

Define witness (Liability)

Answer 2

A person who gives evidence and is able to be cross-examined in a proceeding. It includes someone who:
- is actively engaged in giving evidence
- previously gave evidence
- will give evidence

Question 3

What is an assertion? (Liability)

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

Define matter of fact (Liability)

Answer 4

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

Question 5

Define an opinion (Liability)

Answer 5

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

Question 6

What is the general rule of admissibility of opinions?

Answer 6

A witness may state an opinion in evidence if it is necessary to enable the witness to communicate, or the fact-finder to understand, what the witness saw, heard, or otherwise perceived

Question 7

Define knowledge (Liability)

Answer 7

Correctly believing.

Question 7

What is a belief? (Liability)

Answer 7

A subjective feeling regarding the validity of an idea or
set of facts. It is more than mere suspicion and less than knowledge and is a result of considering the available information.

Question 8

Define “in a judicial proceeding” for Perjury (Liability)

Answer 8

Includes in person but also via audio-visual link from another location

Question 9

Does committing perjury via audio-visual link in a New Zealand Proceeding come under NZ jurisidiction?

Answer 9

Yes

Question 10

Define giving evidence for perjury element “forming part of that witness’s evidence on oath” (Liability)

Answer 10

Giving evidence includes:
- in the ordinary way , that is personally in court or by affidavit
- in an alternative way such as CCTV, DVD or screens
- in any other way provided for under the Evidence Act 2006 or any other enactment

Question 11

Define “oath” for the offence of Perjury (Liability)

Answer 11

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

Also includes an affirmation, which is an oath without reference to religious belief, and a declaration, which is a promise to tell the truth given by a wiutness under 12 years old.

Question 12

Define intent to mislead (Liability)

Answer 12

The witnesses intention must be to mislead on an issue that they believe is of material importance to the proceeding.

Question 13

When is perjury complete? (Liability)

Answer 13

When the false evidence is given accompanied by a intention to mislead.

Question 14

Can someone be charged with perjury without corroboration evidence beyond the allegation?

Answer 14

No

Question 15

If a previous statement under oath by someone is contradicted by a later statement under oath, is this alone sufficient for a charge of perjury?

Answer 15

No

Question 16

What offences require corroborating evidence in a prosecution? (Must know)

Answer 16

• Perjury
• False oaths
• False statements and declarations
• Treason

Question 17

Is a filed formal statement considered to be evidence given under oath for the purposes of perjury?

Answer 17

Yes

Question 18

What is the punishment for perjury? (Not important)

Answer 18

If the perjury is to secure a conviction of another for a 3+ year offence then 14 years, otherwise 7 years.

Question 19

Outline the offence of false oaths

Answer 19

Being required or authorised by law to make any statement on oath or affirmation, makes a statement that would amount to perjury if made in a judicial proceeding.

Question 20

Outline the offence of false statements or declarations

Answer 20

When a person is required or permitted by law to make any statement or declaration before any person authorised to take or receive it, or before any notary public to be certified by him as such notary, makes a statement or declaration that would amount to perjury if made on oath in a judicial proceeding.

Question 21

Can a person be convicted of perjury, false oaths or false statements or declarations on the evidence of one witness?

Answer 21

No

Question 22

What is the offence of fabricating evidence? (Must know)

Answer 22

With intent to mislead, fabricate evidence by means other than perjury

Question 23

Outline the offence of conspiring to defeat justice

Answer 23

It is an offence to conspire OR obstruct OR prevent OR pervert OR defeat the course of justice.

Question 24

What is the course of justice for the offence Conspiring to defeat justice?

Answer 24

Proceedings initiated and continuing before a tribunal, and includes conduct intended to affect whether or not proceedings will ever be started (such as discouraging a complaint)

Question 25

Give examples of conspiring to defeat justice (Must know)

Answer 25

• Preventing a witness from testifying
• wilfully going absent as a witness
• threatening or bribing witnesses
• threatening or bribing jury members
• concealing the fact an offence has been committed
• arranging a false alibi
• supplying false information to probation officers

Question 26

Outline the offence of corrupting juries and witnesses

Answer 26

It is an offence to dissuade, attempt to dissuade, influence, bribe or otherwise corrupt a witness, juror or wilfully attempt in any other way to obstruct, prevent, pervert, or defeat the course of justice.

Question 27

Can conspiring to defeat justice apply to civil proceedings?

Answer 27

Yes

Question 28

Is it a defence to a charge of conspiring to defeat justice that the defendant’s aim was to secure a just result?

Answer 28

No

Question 29

If you have insufficient evidence to prove a conspiring to defeat justice charge what should you consider instead?

Answer 29

Whether they wilfully attempted in any other way to obstruct, prevent, pervert, or defeat the course of justice as outlined under s117.

Question 30

Who must direct you to commence a prosecution for perjury? Can you investigate perjury without such direction. (Must know)

Answer 30

The courts must recommend it or the Commissioner of Police direct it.

You can however begin to investigate perjury without such permission.

Question 31

What are the things you need to cover for the element, “Known by that witness to be false, and”?

Answer 31

• Knowledge definition
• corroboration required