Misleading Justice

Question 1

What are the elements of perjury?

Answer 1

Section 108, Crimes Act 1961:

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’ evidence on oath
5) Known by that witness to be false, and
6) Intended to mislead the tribunal.

Question 2

Explain the following element of perjury:

1) A witness

Answer 2

A person who give evidence in a proceeding and is able to be cross-examined.

Question 3

Explain the following element of perjury:

2) Assertion as to any matter of fact, opinion, belief or knowledge

Answer 3

Assertion:
Something declared or stated positively.

Matter of fact:
A fact is a thing done, an actual occurrence or event and is presented as testimony.

Opinion:
A statement of opinion that proves or disproves a fact - s4 Evidence Act 2006.

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

Knowledge:
Knowing or believing a set of circumstances so as to be free from doubt.

Question 4

Explain the following element of perjury:

3) In any judicial proceeding

Answer 4

Any judicial proceeding, including via AVL.

Question 5

Explain the following element of perjury:

4) Forming part of that witness’ evidence on oath

Answer 5

Under s4 Evidence Act 2006 evidence may be given in three ways:

• Personally in court/by affidavit
• In an alternative way (e.g. AVL)
• In any other way prescribed by this Act.

Oath:
Includes oaths (religious), affirmations (non-religious) and declarations (U12).

Question 6

Explain the following element of perjury:

5) Known by that witness to be false, and

Answer 6

Knowing means knowing or correctly believing. The belief must be correct. Someone cannot know something that is wrong. - Simester and Brookbanks.

Question 7

Explain the following element of perjury:

6) Intended to mislead the tribunal.

Answer 7

The intention must be to mislead the tribunal in respect of an issue that he witness believes is of material importance to the proceeding.

Question 8

Explain which offences require corroboration.

Answer 8

Under s121 Evidence Act 2006 the following offences require corroboration:

• Perjury
• False oaths
• False statements/declarations
• Treason

Question 9

What are some examples of conspiring to defeat justice (s116) or corrupting juries and witnesses (s117)?

Answer 9

• Preventing a witness from testifying.
• Wilfully being adsent as a witness.
• Threatening or bribing witnesses.
• Concealing the fact an offence has been committed.
• Intentionally giving Police false statements.
• Arranging a false alibi.
• Assisting a wanted person to leave the country.