MISLEADING JUSTICE Flashcards
What is a WITNESS?
(4 points)
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.
What is PURJURY?
(Short definition)
Giving a false ASSERTION:
(1) KNOWING it to be false
(2) INTENDING it to mislead a tribunal
What section and act is PURJURY?
CA61 s108
Criminal proceedings Act 2011 s83
Is a FORMAL STATEMENT treated as EVIDENCE UNDER OATH given in a judicial proceeding?
Yes.
What is the SECTION and PUNISMENT for purjury?
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.
What is a FALSE OATH
What is the Act and Section
What is the PENALTY
False Oath CA61 s110
Makes a PURJUROUS STATEMENT
After making an OATH or AFFIRMATION
5 years
What is a FALSE STATEMENT
What is the Act and Section
What is the PENALTY
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
What Section deals with the EVIDENTIAL requirement for a conviction of Purjury, False Oath, or False Statement?
And what does it stipulate?
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.
What is the Act and Section for FABRICATING EVIDENCE?
What does it say?
What is the PENALTY?
CA61 s113
7 years
Where 108 would otherwise apply
Misleads a JUDICIAL PROCEEDING
By FABRICATING evidence rather than purjury.
PURJURY (Liability):
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
What is an ASSERTION?
Something DECLARED without offering SUPPORTING EVIDENCE.
What is a MATER of FACT as it applies to a witness?
When can OPINION evidence be given?
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.
What Sections of the Evidence Act 2006 deals with OPINION EVIDENCE?
4, 24 and 25
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)
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
What is BELIF?
Having FAITH in an idea.
Suspicion < BELIEF > Knowlwdge
Is evidence by AVL considered as evidence in court, and is it subject to penalty of PURJURY (even if given from overseas)?
Yes
What are the three ways evidence can be given:
(1) ORDINARY WAY - In person or by affidavit
(2) ALTERNATIVE (cctv, DVD, screen)
(3) OTHER way provided by enactment
What is an OATH?
A declaration that INVOKES some religious belief to say a thing is true.
What is an AFFIRMATION?
Saying a thing is true WITHOUT refference to a religious belief.
What is a DECLARATION?
Person under 12 PROMISING to tell the truth
When a person commits PURJURY, is it a defence if they recant the statement and inform the court it was false.
No. The offence is complete once it has been committed.
If a persons statement on oath conflicts with a statement they made NOT on oath, is this sufficient evidence they committed PURJURY?
No. There needs to be other evidence to establish the offence.
Does evidence involving PURJURY, FALSE OATH, and FALSE STATEMENT need to be CORROBORATED?
Yes.
Why must evidence for a charge of purjury be corroborated?
To protect witnesses from VEXATIOUS accusations of lying after they have given undesirable evidence.
Conspiring to defeat justice (liability):
Conspiring to defeat justice
CA61 s116
7 years
Conspires to
Defeat, Obstruct, Prevent, Pervert
The course of justice
What is meant by ‘COURSE OF JUSTICE’?
The ADMINISTRATION of justice by the court.
What are 5 examples of MISLEADING justice:
(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
What is the penalty and acts committed in s117 Coruptung Juries and Witnesses:
7 years
Dissuading witnesses from giving evidence
Influencing juries (bribes, threats etc)
Accepts bribes as a witness
Accepts bribes as a juror
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?
No.
Whose permission or instruction is required before prosecuting for Purjury?
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.
What are the two ways a Purjuy COMPLAINT can arise?
(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.
Can conspiring to defeat justice encompass both civil and criminal proceedings?
Yes
