Misleading Justice

Question 1

What are the elements of Perjury s108?

Answer 1

The elements of the offence of Perjury are:

• A witness making any
• Assertion as to any matter of fact, opinion, belief or knowledge
• In any judicial proceeding
• Forming any part of that witnesses evidence on Oath
• Known by that witness to be false, and
• Intended to mislead the tribunal.

Question 2

Define a witness?

Answer 2

A witness is a person who gives evidence and is able to be cross-examined in a proceeding. This includes a person who is actively engaged in the process of giving evidence and or one who has previously given evidence. The term witness also includes a person who will give evidence.

Question 3

What are the elements of Conspiring to Defeat Justice, s116?

Answer 3

Conspiring to Defeat Justice, s116.

• Conspires to
• Obstruct, prevent, pervert, or defeat the course of justice.

Question 4

Give examples of misleading justice s166 and Corrupting Juries and Witnesses s117?

Answer 4

Examples of s116 and 117.

• Preventing a witness from testifying.
• Wilfully going absent as a witness.
• Threatening or bribing witnesses.
• Concealing the fact an offence has been committed.
• Intentionally giving police false information to obstruct their inquiries.
• Supplying false information to probation officers.
• Assisting a wanted person to leave the country.
• Arranging a false alibi.
• Threatening or bribing jury members.

Question 5

How can complaints of perjury arise?

Answer 5

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 the witness.

Question 6

When can you commence prosecution for perjury?

Answer 6

You may only commence a prosecution for perjury where it is commenced 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

Question 7

What is required for a conviction for Perjury?

Answer 7

The evidence of a witness requires corroboration in some material particular that implicates a defendant before a conviction doe perjury or an offence under s110 or s111 can be recorded.

Where there is no corroborating evidence of perjury, the judge must stop the case at the close of the prosecution case and direct an acquittal.