Misleading Justice 2 Flashcards
Perjury
When is offence complete
and no defence
At the time the false evidence is given accompanied by an intention to mislead the tribunal.
There is no defence where the witness later recants and informs the tribunal of the falsity of the earlier evidence given.
Corroboration
(1) It is not necessary in a criminal proceeding for the evidence on which the prosecution relies to be corroborated, except with respect to the offences of—
S121 Evidence Act 06
(1) It is not necessary in a criminal proceeding for the evidence on which the prosecution relies to be corroborated, except with respect to the offences of—
(a) perjury (section 108 of the Crimes Act 1961); and
(b) false oaths (section 110 of the Crimes Act 1961); and
(c) false statements or declarations (section 111 of the Crimes Act 1961); and
(d) treason (section 73 of the Crimes Act 1961).
Conspiring to defeat justice
Elements
S116 CA61
Every one is liable to imprisonment for a term not exceeding 7 years who conspires to obstruct, prevent, pervert, or defeat the course of justice.
Conspiring to defeat justice
Examples
- threatening or bribing witnesses
- threatening or bribing jury members
- preventing a witness from testifying
- wilfully going absent as a witness
- assisting a wanted person to leave the country
- arranging a false alibi
- concealing the fact an offence has been committed
- intentionally giving police false information to obstruct their inquiries
- supplying false information to probation officers
Corrupting Juries and Witnesses
Elements
S117 CA61
Every one is liable to imprisonment for a term not exceeding 7 years who:
(a) Dissuades or attempts to dissuade any person, by threats, bribes or other corrupt means, from giving evidence in any cause or matter
(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
(c) accepts any bribe or other corrupt consideration to abstain from giving evidence
(d) accepts any bribe or other corrupt consideration on account of his or her conduct as a member of a jury
(e) wilfully attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice in New Zealand or the course of justice in an overseas jurisdiction.
Investigative Procedure
Guidelines
- You may only commence a prosecution for perjury (civil or criminal), where it is recommended by the courts or you are directed to do so by the COMMISSIONER of Police. You may, however, begin inquiries into an allegation of perjury without reference to the court or Commissioner of Police.
- Conspiring to defeat the course of justice encompasses both CIVIL and criminal proceedings.
- It is NO DEFENCE to a charge of conspiring to defeat the course of justice that the aim of the offender was to secure a just result, or one they believed was right.
- COMPLAINTS of perjury can arise in two ways:
- An individual may complain that someone has perjured themselves.
- A Judge may state or direct in a court recommendation that the police undertake inquiries into the truth of the evidence given by a witness
• In situations where you are unable to establish a conspiracy pursuant to section 116, the evidence may reveal a WILFUL ATTEMPT to obstruct, prevent, pervert or defeat the course of justice subject to section 117.
When can you start a prosecution for perjury
Where it is recommended by the courts or you are directed to do so by the Commissioner of Police.
The two main points to be covered when interviewing a suspect in respect of perjury are:
- whether the suspect knew their assertion was false, and
- whether they intended to mislead the tribunal governing proceedings.
Three ways to give evidence
Giving Evidence
To give evidence means to give evidence in a proceeding in one of three ways.
(a) In the ordinary way – personally in Court or by Affadavit
(b) In an alternative way
(c) In any other way provided for under the enactment
Perjury
Legislation
S108 CA61
(1) Perjury is an assertion as to a matter of fact, opinion, belief, or knowledge made by a witness in a judicial proceeding as part of his evidence on oath, whether the evidence is given in open Court or by affidavit or otherwise, that assertion being known to the witness to be false and being intended by him to mislead the tribunal holding the proceeding.
Perjury
Penalty
S109 CA61
(1) Except as provided in subsection (2) of this section, every one is liable to imprisonment for a term not exceeding 7 years who commits perjury.
(2) If perjury is committed in order to procure the conviction of a person for any offence for which the maximum punishment is not less than 3 years’ imprisonment, the punishment may be imprisonment for a term not exceeding 14 years.
False Oaths
Statement on oath/affirmation
Elements
S110 CA61
Every one is liable to imprisonment for a term not exceeding 5 years who, being required or authorised by law to make any statement on oath or affirmation, thereupon makes a statement that would amount to perjury if made in a judicial proceeding.
False statements or declarations
Elements
S111 CA61
Every one is liable to imprisonment for a term not exceeding 3 years who, on any occasion on which he is required or permitted by law to make any statement or declaration before any officer or person authorised by law 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.
