Misleading Justice

Question 1

Ingredients of Perjury.

Sec.108 C.A.61

Answer 1

.1 a witness making any
.2 assertion as to any matter of fact, opinion, belief or knowledge.
.3 in any judicial proceeding.
.4 forming part of that witness’s evidence on oath.
.5 known by that witness to false, &
.6 intended to mislead the tribunal.

Question 2

Define ‘opinion’.

Answer 2

Sec.4 Evidence Act 2006

In relation to a statement offered in evidence, means a statement of opinion that tends to prove or disprove a fact.

Question 3

Explain ‘matter of fact’.

Answer 3

This term is used by the courts to distinguish a particular kind of information. A fact is a thing done, an actual occurrence or event, & it is presented during court proceedings in the form of witness testimony & evidence.

Question 4

Explain ‘belief’.

Answer 4

A subjective feeling regarding the validity of an idea or set of facts.

Question 5

Explain ‘knowledge’.

Answer 5

Knowing means “knowing or correctly believing”.

Question 6

When is the offence of perjury complete?

Answer 6

At the time the false evidence is given accompanied by an intention to mislead the tribunal.

Question 7

Explain how evidence is given in a proceeding.

Answer 7

(a) ordinary way; Sec.83 (personally in court, or by affidavit); or
(b) alternative way; Sec.105 (CCTV, DVD, screens etc.); or

Question 8

Explain how evidence is given in a proceeding.

Answer 8

(a) ordinary way; Sec.83 (personally in court, or by affidavit); or
(b) alternative way; Sec.105 (CCTV, DVD, screens etc.); or
(c) in any other way under this Act or any other enactment.

Question 9

Ingredients of Conspiring to Defeat Justice.

Sec.116 C.A.61

Answer 9

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.

Question 10

Examples of conspiring or attempting to mislead justice within Sec.116& 117.

Answer 10

• preventing a witness from testifying.
• wilfully going absent as a witness.
• threatening or bribing a witness.
• threatening or bribing jury members.
• concealing the fact an offence has been committed.
• intentionally giving police false info to obstruct inquiries.
• supplying false info to probation officers.
• assisting a wanted person to leave the country.
• arranging a false alibi.

Question 11

When can you commence a prosecution for perjury?

Answer 11

• where it is recommended by the courts; or

* directed to do so by the Commissioner of Police.

Question 12

In what two ways can complaints of perjury arise?

Answer 12

1. An individual may complain that someone has perjured themselves.
2. a Judge may state or direct in a court recommendation that police undertake inquiries into the truth of the evidence given by a witness.