MISLEADING JUSTICE

Question 1

What is a WITNESS?
(4 points)

Answer 1

It is a person who:
(1) WILL give evidence
(2) IS giving evidence
(3) HAS given evidence
And is able to be cross-examined.

(4) Includes a person who gives EVIDENCE. REGARDLESS of whether he is COMPETENT or the evidence is ADMISSIBLE or not.

Question 2

What is PURJURY?
(Short definition)

Answer 2

Giving a false ASSERTION:
(1) KNOWING it to be false
(2) INTENDING it to mislead a tribunal

Question 3

What section and act is PURJURY?

Answer 3

CA61 s108

Question 4

Criminal proceedings Act 2011 s83

Is a FORMAL STATEMENT treated as EVIDENCE UNDER OATH given in a judicial proceeding?

Answer 4

Yes.

Question 5

What is the SECTION and PUNISMENT for purjury?

Answer 5

CA61 s109
(1) Not more than 7 years
(2) Not more than 14 if done to convict a person for an offence with a penalty not less than 3 years.

Question 6

What is a FALSE OATH
What is the Act and Section
What is the PENALTY

Answer 6

False Oath CA61 s110
Makes a PURJUROUS STATEMENT
After making an OATH or AFFIRMATION
5 years

Question 7

What is a FALSE STATEMENT
What is the Act and Section
What is the PENALTY

Answer 7

False Statement CA61 s111

3 years
When required or permitted by law to make a statement or declaration
Before any OFFICER…or person authorized to receive it
Makes a statement or declaration that would amount to PURJURY
IF made on OATH in a JUDICIAL PROCEEDING

Question 8

What Section deals with the EVIDENTIAL requirement for a conviction of Purjury, False Oath, or False Statement?
And what does it stipulate?

Answer 8

CA61 s112

Applies to PURJURY and sections 110 and 111
Requires 2 or more WITNESSES
Unless, the witnesses evidence is corroborated by some MATERIAL PARTICULAR.

Question 9

What is the Act and Section for FABRICATING EVIDENCE?
What does it say?
What is the PENALTY?

Answer 9

CA61 s113
7 years
Where 108 would otherwise apply
Misleads a JUDICIAL PROCEEDING
By FABRICATING evidence rather than purjury.

Question 10

PURJURY (Liability):

Answer 10

CA61 s108
7-14 years

A witness makes any
Assertion as to any matter of fact, opinion, belief, or knowledge
In any judicial proceeding
Forming part of that witnesses evidence on oath
Known by that witness to be false, and
Intended to mislead the tribunal

Question 11

What is an ASSERTION?

Answer 11

Something DECLARED without offering SUPPORTING EVIDENCE.

Question 12

What is a MATER of FACT as it applies to a witness?
When can OPINION evidence be given?

Answer 12

A mater of fact is what the witness can speak to. It is what they KNOW about that fact because they know it DIRECTLY.

OPINION evidence is reserved for EXPERTS who are qualified in the eyes of the court to draw inference and conclusions about the facts.

Question 13

What Sections of the Evidence Act 2006 deals with OPINION EVIDENCE?

Answer 13

4, 24 and 25

Question 14

What does legislation say about which OPINION EVIDENCE a LAY WITNESS may give, and what act and section is this?
(List 4 examples of evidence)

Answer 14

Evidence Act 2006, s24

A Lay Witness may give certain OPINION evidence necessary for them to communicate what they witnessed:

Apparent age
Identity
Speed
Physical or Emotional state
Condition (worn, used, new)
State of intoxication

s25 deals with Expert Opinion Evidence

Question 15

What is BELIF?

Answer 15

Having FAITH in an idea.
Suspicion < BELIEF > Knowlwdge

Question 16

Is evidence by AVL considered as evidence in court, and is it subject to penalty of PURJURY (even if given from overseas)?

Answer 16

Yes

Question 17

What are the three ways evidence can be given:

Answer 17

(1) ORDINARY WAY - In person or by affidavit
(2) ALTERNATIVE (cctv, DVD, screen)
(3) OTHER way provided by enactment

Question 18

What is an OATH?

Answer 18

A declaration that INVOKES some religious belief to say a thing is true.

Question 19

What is an AFFIRMATION?

Answer 19

Saying a thing is true WITHOUT refference to a religious belief.

Question 20

What is a DECLARATION?

Answer 20

Person under 12 PROMISING to tell the truth

Question 21

When a person commits PURJURY, is it a defence if they recant the statement and inform the court it was false.

Answer 21

No. The offence is complete once it has been committed.

Question 22

If a persons statement on oath conflicts with a statement they made NOT on oath, is this sufficient evidence they committed PURJURY?

Answer 22

No. There needs to be other evidence to establish the offence.

Question 23

Does evidence involving PURJURY, FALSE OATH, and FALSE STATEMENT need to be CORROBORATED?

Answer 23

Yes.

Question 24

Why must evidence for a charge of purjury be corroborated?

Answer 24

To protect witnesses from VEXATIOUS accusations of lying after they have given undesirable evidence.

Question 25

Conspiring to defeat justice (liability):

Answer 25

Conspiring to defeat justice
CA61 s116
7 years

Conspires to
Defeat, Obstruct, Prevent, Pervert
The course of justice

Question 26

What is meant by ‘COURSE OF JUSTICE’?

Answer 26

The ADMINISTRATION of justice by the court.

Question 27

What are 5 examples of MISLEADING justice:

Answer 27

(1) Concealing the fact an offense has been committed
(2) Giving police false information to obstruct their inquiries
(3) Arranging a false alibi
(4) Preventing a witness from testifying
(5) Going absent as a witness
(6) Bribing witnesses
(7) Bribing jury

Question 28

What is the penalty and acts committed in s117 Coruptung Juries and Witnesses:

Answer 28

7 years
Dissuading witnesses from giving evidence
Influencing juries (bribes, threats etc)
Accepts bribes as a witness
Accepts bribes as a juror

Question 29

Is it a defence to Defeating the course of justice, to have an intent to secure a just result or one they believe is right?

Answer 29

No.

Question 30

Whose permission or instruction is required before prosecuting for Purjury?

Answer 30

You may commence investigation at any time without permission.

But, you can only prosecute upon permission or instruction by Court or the Commissioner of Police.

Question 31

What are the two ways a Purjuy COMPLAINT can arise?

Answer 31

(1) An INDIVIDUAL may complain that someone has perjured themselves.
(2) A Judge may reccomend police undertake inquiries into the truth of evidence given by a witness.

Question 32

Can conspiring to defeat justice encompass both civil and criminal proceedings?

Answer 32

Yes