Misleading Justice Flashcards
Liability - Perjury
Section 108, Crimes Act 1961
- a witness
- making any assertion as to any matter of fact/opinion/belief/knowledge
- in any judicial proceeding
- forming part of that witnesses evidence on oath
- known by that witness to be false
- intended to mislead the tribunal
Definition of witness
A person who gives evidence and is able to be cross examined in a proceeding
Includes a person who is actively engaged in the process of giving evidence and/or one who has previously given evidence
Also includes a person who will give evidence
Definition of assertion
Something declared or stated positively, often with no support or attempt made at furnishing evidence or proof of the assertions accuracy
Definition of matter of fact
A thing done, an actual occurrence or event and it is presented during court proceedings in the form of witness testimony and evidence
Definition of opinion
means a statement of opinion that tends to prove or disprove a fact
What Opinion evidence can be given by Lay witnesses
S24 Evidence Act
- apparent age
- identity
- speed
- physical and emotional. state of people
- condition or articles (worn, used, new)
- whether a person is under the influence of drink
Definition of belief
A subjective feeling regarding the validity of an idea or set of facts
It is more than suspicion and less than knowledge
Definition of knowledge
knowing means “knowing or correctly believing “…….the belief must be a correct one, where the belief is wrong a person cannot know something
Definition of judicial proceeding
Giving evidence in a proceeding
Definition of Giving evidence
To give evidence in a proceeding by
• the ordinary way - personally in court or by affidavit
• alternative way - CCTV, screens, DVD
• any other way provided for under this act or any other enactment
Definition of Oath, affirmation and declaration
OATH - a declaration before a person who has authority to administer an oath. Invokes some religious beliefs and says that a thing is true or right
AFFIRMATION - verbal or written declaration before a person who has authority to administer an oath saying a thing is true or right without reference to religious belief
DECLARATION - A promise to tell the truth (witnesses under 12)
Definition of Intention to mislead
Intention to mislead the tribunal
What 4 offences require corroboration by the prosecution
- perjury
- false oath
- false statements or declarations
- treason
What is the purpose for corroboration of evidence in cases of perjury
To protect witnesses from vexatious accusations of lying on oath
Conspiring to defeat justice S116, Crimes Act 1961
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
Definition of Course of justice
Includes proceeding initiated and continuing before a tribunal
Includes conduct intended to affect whether or not proceedings will ever be started, where victims are discouraged from pursuing a complaint or false statements are made so that police investigate a complaint which would otherwise not be pursued
List 9 examples of conspiring or attempting to obstruct, prevent, pervert or defeat the course of justice
- preventing a witness from testifying
- wilfully going absent a a witness
- threatening or bribing witness
- concealing the fact an offence has been committed
- intentionally giving police false information to obstruct their inquires
- supplying false information to prohibition officers
- assisting a wanted person to leave the country
- arranging a false alibi
- threatening or bribing jury members
Corrupting juries and witnesses
Section 117, Crimes Act 1961
Every one is liable to imprisonment for a term not exceeding 7yrs who
(a) dissuades or attempt to dissuade any person by threats, bribes or other corrupt means from giving evidence in any cause or matter (whether civil or criminal and whether tried or to be trained in NZ or in an overseas jurisdiction OR
(b) influences or attempts to influence by threats o bribes or other corrupt means a member of a jury in his or her conduct a such (whether in a cause or matter tried or to be tried in NZ or nan overseas jurisdiction and whether the member has been sworn as a member of a particularly jury or not) OR
(c) accepts any bribe or other corrupt consideration to abstain from giving evidence (whether in a cause or matter tried or tone tried in NZ or in an overseas jurisdiction) OR
(d) accepts any bribe or other corrupt consideration on account of his or her conduct as a member of a jury (whether in a cause or matter tried or to be tried in NZ or in an overseas jurisdiction and whether the member has been sworn as a member of a particular jury or not) OR
(e) wilfully attempts in any other way to obstruct, prevent, pervert or defeat the cause of justice in NZ or the course of justice in an overseas jurisdiction
Name two ways in which a perjury complaint may arise
- an individual may complain that someone has perjured themselves
- a judge may sate or direct in a court recommendation that the police undertake inquires into the truth of the evidence given by a witness
When may a prosecution for perjury begin
Where it is recommended by the courts or you are directed to do so by the Commissioner of Police
You may however begin inquires into an allegation without reference to the court or Commissioner of Police
What intent must you be able to prove in order to establish a charge of perjury
The intention to mislead the tribunal holding the hearing
What are the two main points to be covered when interviewing a suspect in respect of perjury
- whether the suspect knew their assertion was false
* whether they intended to mislead the tribunal governing proceedings
When is the offence of perjury complete
at the time the false evidence is given accompanied by an intention to mislead the tribunal
