Misleading Justice Flashcards
Perjury - Legislation
108 Crimes Act 1961
(1) Purjuy is an assertion as to a matter of fact, opinion, belief, or knowledge made by a witness in a judicial proceedings as part of his evidence on oath, whether given in open court, affidavit, or otherwise, that assertion known by the witness to be false and being intended by him to mislead the tribunal holding the proceedings.
(2) Oath includes an affirmation, and also a declaration made under section 13 of the Oaths and Declarations Act 1957.
(3) Everyone is a witness within the meaning of this section who actually gives evidence, whether he is competent to be a witness or not, and whether his evidence is admissible or not.
(4) Every proceeding is judicial within the meaning of this section if it is held before any of the following tribunals, namely:
(a) Any court of justice
(b) The house of Representatives or any committee of that house
(c) Any arbitrator or umpire, or any person or body of persons authorized by law to make an inquiry and take evidence therin upon oath.
(d) Any legal tribunal by which any legal right or liability can be established.
(e) Any person acting as a court or tribunal having power to hold a judicial proceedings
(f) A disciplinary officer, the summary appeal court of NZ, or the Court Martial of NZ acting under the Armed Forces Discipline Act 1971.
Formal statement filed - Legislation
Section 83 Criminal Procedure Act 2011
A formal statement filed under section 85 is to be treated as evidence on oath given in a judicial proceedings within the meaning of Perjury (108 Crimes Act 1961)
Punishment of perjury - Legislation
109 Crimes Act 1961
(1) Except for subsection (2) Everyone is liable to imprisonment for a term not exceeding 7 years who commits purjury.
(2) If purjury is committed for offences above 3years, punishment may be imprisonment for a term not exceeding 14yrs
False Oaths- Legislation
110 Crimes Act 1961
Everyone is liable to 5 years imprisonment, who, being required or authorized by law to make any statement on oath or affirmation, there upon makes a statement that would amount to purjury if made in judicial proceedings.
False statements or declaration - Legislation
111 Crimes Act 1961
Everyone is liable to 3 years imprisonment who is required or permitted by law to make any statement or declaration before any officer or person authorized by law, makes a statement or declaration that would amount to purjury if made on oath in a judicial proceedings.
Evidence of perjury, false oath, or false statement - legislation
112 Crimes Act 1961
No one shall be convicted of perjury 108, or 110 or 111 of this Act, on the evidence of one witness only. Unless evidence is corroborated.
Fabricating evidence - Legislation
113 Crimes Act 1961
Everyone is liable for 7 years imprisonment who, with intent to mislead any tribunal holding any judicial proceedings to which 108 applies, fabricates evidence by any means other than perjury.
Elements of perjury
- A witness making any
- assertion as to any matter of fact, opinion, belief, or knowledge
- in any judicial proceedings
- forming part of that witnesses evidence on oath
- known by that witness to be false, and
- intended to mislead the tribunal
Witness - Define
A witness is a person who gives evidence and is able to be cross-examined in a proceeding. Includes someone who has previously given evidence or who will give evidence and actively engaged in proceedings.
Define - Assertion (Perjury)
Something declared or stated positively, often with no support or proof of the assertions accuracy.
Matter of fact - Define
Is used in courts to distinguish a particular kind of information. What the witness personally knows about the facts of a case but are prevented from giving testimony as to their opinions.
Opinion - Define
In relation to a statement offered in evidence, means a statement of opinion that tends to prove or disprove a fact.
Belief - Define
Essentially, it is a subjective feeling regarding the validity of an idea or set of facts. More than mere suspicion and less than knowledge. It is having faith in an idea or formulating a conclusion as the result of considering the available info.
Knowledge - Define
Knowing or correctly believing, the belief must be a correct one, where the belief is wrong a person cannot know something.
Purjury via AVL from another country.
AVL from another location is to be considered as taking place at the hearing. False evidence by this method from another country would equate to perjury in NZ jurisdiction.
Giving evidence- explain
To give evidence means to give evidence in a proceeding, in one of three ways:
a) in the original way (personally in court or by affidavit) or,
b) in an alternative way (CCTV, DVD screens etc), or
c) in any other way provided for under this act or any other enactment.
Define - Oath
This is 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. Eg. Swear on Bible.
Define - Affirmation
This is a verbal or written declaration before a person who has authority to administer an oath, saying that a thing is true or right without a religious belief.
Define - Declaration
A promise to tell the truth. A person under 12 years old may make a declaration.
When is Perjury complete?
Offence of Perjury is complete at the time the false evidence is given accompanied by an intention to mislead the tribunal. Where this intention is absent, no offence is committed.
R v Goodyear-Smith (Perjury)
(Intention to mislead)
Court held, to be guilty of perjury, a witness must make a wilfully false statement in respect of material of importance.
Taylor v Manu (Perjury, False Oath, False Statement)
Court held, must be something corroborating the allegation that an element of these offences occurred.
Corroboration required (Perjury, false oath etc)
It is not necessary for evidence to corroborate criminal proceedings except offences involving Perjury, false oath, false statements, or declarations.
Section 121 Evidence Act 2006 - Perjury, false oath etc.
(1) It is not necessary in criminal proceeding for the evidence on which the prosecution relies to ve corroborate, except with respect to the offences of -
a) perjury, and
b) false Oaths, and
c) false statements or declarations, and
d) treason
(2) Subject to section (1) and 122, if proceeding have a jury, it is nor necessary for the judge to
(a) warn the jury that it is dangerous to act on uncorroborated evidence or warn to same effect, or
b) give a direction relating to the absence of corroboration.
Justification for corroborating evidence for perjury.
Is to protect witnesses from vexatious (causing annoyance, frustration) accusations of lying on oath. If it was too easy to prosecute for perjury, it might discourage people from giving evidence.
Conspiring to defeat justice - Legislation
Section 116 Crimes Act 1961
Everyone is liable (7 years) who conspires to obstruct, prevent, pervert, or defeat the course of justice.
Obstruct, prevent, pervert or defeat justice. What must you do? (Conspiring to defeat justice)
In assessing the conduct of the offender, you must make a clear determination as to which of the alternative intents available fits the circumstances.
Define - Course of justice
Not define within the act. Course of justice includes proceedings initiated and continuing before a tribunal.
Examples of misleading justice.
C Concealing the fact an offence has been committed.
A Absent as a witness.
A Assisting someone to leave the country.
P Preventing a witness from testifying.
T.W T.J Threatening or bribing witnesses or jury members.
F.I F.A False information to Police to obstruct their inquiries. False alibi for someone.
Corrupting juries and witnesses - Legislation
Section 117 Crimes Act 1961
Everyone is liable (7yrs) who:
a) dissuades or attempts to dissuade any person, by threats, bribes or other corrupt means, from giving evidence in any matter (civil or criminal, in NZ or overseas)
b) influences or attempts to influence by threats or bribes or other corrupt means, a member of a jury in his or her conduct as such. (NZ or not, sworn as a member of jury or not)
c) accepts any bribes or other corrupt consideration to abstain (restrain) from giving evidence (NZ or overseas)
d) accepts any bribes or other corrupt consideration as an account of his/her conduct as a member of jury (NZ or overseas)
e) wilfully attempts in any way to obstruct, prevent, pervert or defeat the course of justice in NZ or overseas.
Complaints of perjury can arise in two ways, explain
An individual complaint or judge recommendations.
May only commence a prosecution for purjury where it is…
Recommended by the courts, or directed by commissioner, can begin inquiries until the allegation.
Where unable to prove conspiracy (116) evidence may reveal…
A wilful (intentional) attempt to obstruct, prevent, pervert or defeat the course of justice (117)
Is there a defence for conspiring to defeat course of justice?
No defence where the aim of offender was to secure a just result or result they believed was right.
Which court can pervert the course of justice charge arise?
Both criminal and civil court.
