Misleading Justice Flashcards
Name 4 examples of misleading justice
PATT
Preventing a victim from testifying
Arranging a false alibi
Threatening or bribing witness
Threatening bribing jury members
Section 112 CA61 evidence of perjury, false oath or false ST)
No one shall be convinced of perjury, or of any offence against S110 or S111 CA61 on the evidence of one witness only l, unless the evidence of that witness is corroborated in some material material by evidence implicating the defendant
What are the elements of perjury
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
What intent required to the charge of perjury
It must be proved that the offenders intent was to mislead the tribunal holding the proceeding
When is the offence of perjury complete
At the time the false evidence is given accompanied by an intention to mislead the tribunal
Intention must be to mislead the tribunal, where this intention is absent no offence is committed
There is no defence where the witness later recants and informs the tribunal of the falsity of the statement.
What intent is required to the charge of perjury
Prove the offender’s intent was to mislead the tribunal holding the proceeding
Define witness
A person who gives is able to be X examined in a proceeding. Includes someone who is, has or is going to give evidence.
Section 24 Evidence Act 2006
A witness may state opinion in a proceeding if that opinion is necessary to enable the witness to communicate, or the fact-finder to understand l, what the witness saw, heard, or otherwise perceived.
Examples of routinely permitted statements of opinion are opinions concerning
Age
Identity
Speed
Physical and emotional state of a person
Condition of articles (worn, used, new)
Intoxication
When is it permitted to commence a prosecution for perjury
When it is recommended by the courts or when you are directed to do so by the commissioner of Police
S 113 CA61 (fabricating)
Liable to 7years who, with intent to mislead any tribunal holding any judicial proceeding to which S108 applies, FABRICATES evidence by any means other than perjury
Two essential ingredients for fabricating evidence
Intent to mislead any tribunal holding a judicial proceeding to which section 108 applies
Fabricate evidence by means other than perjury
Matt has been charged with rape. Mike saw the rape happen and can give strong evidence. Mike has not been summoned to court as a witness yet. Matt threatens to punch Mike in the face if he makes a statements. Is Matt liable to conspiring to defeat the course of justice under S116 CA61
Yes, the offence of conspiring to defeat the course of justice does not require court proceeding to have started.
Matt is suspicious that his companion, Mike has perjured himself in court in relation to viciously assaulting children. When may Matt begin investigating Mike for perjury
You may begin inquiries into an allegation of perjury without the reference from court or direction from the commissioner
