Misleading Justice

Question 1

Punishment of Perjury

Answer 1

109 Crimes Act 1961

(1) Except as provided in subsection (2) of this section, everyone 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 >3 years imprisonment, punishment may be imprisonment for a term not exceeding 14 years.

Question 2

Opinion Evidence by Lay Witnesses

Answer 2

Section 24 Evidence Act 2006

Under this section, the witnesses are routinely permitted to give evidence concerning apparent age, identity, speed, physical and emotional state of people, conditions of articles, under influence of drink.

Question 3

Expert Witness

Answer 3

Section 25 Evidence Act 2006

Question 4

Justifications for Corroboration

Answer 4

To protect witnesses from vexatious accusations of lying on oath. It is thought that making it too easy to prosecute someone for perjury might discourage people from giving evidence, which is undesirable.

Question 5

False Oaths

Answer 5

Section 110 Crimes Act 1961

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.

Question 6

False Statements or Declarations

Answer 6

Section 111 Crimes Act 1961

Every one is liable to imprisonment for a term not exceeding 3 years who, on any occasion which he is “required or permitted” by law to make any statement or declaration before any officer or person authorised by the law to take or receive it, makes a statement that would amount to perjury if made in a judicial proceeding.

Question 7

Evidence of perjury, false oaths, or false statement

Answer 7

Section 112 Crimes Act 1961

No one shall be convicted of perjury, or any offence agains section 110, 111 of this act, on evidence of one witness only, unless the evidence of that witness is corroborated in some material particular by evidence implication the defendant.

Question 8

Fabricating Evidence

Answer 8

Section 113 Crimes Act 1961

Everyone is liable to imprisonment for a term not exceeding 7 years who, with intent to mislead any tribunal holding any judicial proceeding to which section 108 applies, fabricates evidence by any means other than perjury.

Question 9

Conspiring to Defeat Justice

Answer 9

Section 116 Crimes Act 1961

Everyone 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

Corrupting Juries and Witnesses

Answer 10

Section 117 Crimes Act 1961

Everyone is liable to imprisonment for a term not exceeding 7 years who:

Does bribe, threat, or other corrupt means.

Accepts bribe or other corrupt means.

Wilfully attempts to obstruct, prevent, pervert, or defeat the Course of Justice.

Question 11

Examples of Misleading justice with section 116 and 117

Answer 11

• Preventing witness from testifying
• wilfully going absent as witness
• threatening or bribing witnesses
• concealing the fact an offence has been committed
• intentionally giving Police false information to obstruct their enquiries
• supply false information to probations officers
• assisting a wanted person to leave the country
• arranging a false alibi
• threatening or bribing jury members.

Question 12

Investigative Procedure

Answer 12

• Conspiring to defeat Justice encompasses both civil and criminal proceedings.
• It is no defence to a charge Conspiring to defeat Justice that the aim of the offender was to secure a just result, or one they believe is right.
• In situations where you are unable to establish a conspiracy pursuant to s116, the evidence may reveal a wilful attempt to obstruct, prevent, pervert, defeat the course of justice under s117.
• You amy 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.
• Complaints of perjury arise in two ways:
  a) Individual complaint of someone who perjured themselves.
  b) A Judge may state or direct in a court recommendation that the Police undertake inquiries into the truth of the evidence given by the witness.