Misleading Justice

Question 1

Liability - Perjury

Answer 1

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

Question 2

Definition of witness

Answer 2

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

Question 3

Definition of assertion

Answer 3

Something declared or stated positively, often with no support or attempt made at furnishing evidence or proof of the assertions accuracy

Question 4

Definition of matter of fact

Answer 4

A thing done, an actual occurrence or event and it is presented during court proceedings in the form of witness testimony and evidence

Question 5

Definition of opinion

Answer 5

means a statement of opinion that tends to prove or disprove a fact

Question 6

What Opinion evidence can be given by Lay witnesses

S24 Evidence Act

Answer 6

• 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

Question 7

Definition of belief

Answer 7

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

It is more than suspicion and less than knowledge

Question 8

Definition of knowledge

Answer 8

knowing means “knowing or correctly believing “…….the belief must be a correct one, where the belief is wrong a person cannot know something

Question 9

Definition of judicial proceeding

Answer 9

Giving evidence in a proceeding

Question 10

Definition of Giving evidence

Answer 10

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

Question 11

Definition of Oath, affirmation and declaration

Answer 11

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)

Question 12

Definition of Intention to mislead

Answer 12

Intention to mislead the tribunal

Question 13

What 4 offences require corroboration by the prosecution

Answer 13

• perjury
• false oath
• false statements or declarations
• treason

Question 14

What is the purpose for corroboration of evidence in cases of perjury

Answer 14

To protect witnesses from vexatious accusations of lying on oath

Question 15

Conspiring to defeat justice S116, Crimes Act 1961

Answer 15

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 16

Definition of Course of justice

Answer 16

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

Question 17

List 9 examples of conspiring or attempting to obstruct, prevent, pervert or defeat the course of justice

Answer 17

• 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

Question 18

Corrupting juries and witnesses

Section 117, Crimes Act 1961

Answer 18

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

Question 19

Name two ways in which a perjury complaint may arise

Answer 19

• 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

Question 20

When may a prosecution for perjury begin

Answer 20

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

Question 21

What intent must you be able to prove in order to establish a charge of perjury

Answer 21

The intention to mislead the tribunal holding the hearing

Question 22

What are the two main points to be covered when interviewing a suspect in respect of perjury

Answer 22

• whether the suspect knew their assertion was false

* whether they intended to mislead the tribunal governing proceedings

Question 23

When is the offence of perjury complete

Answer 23

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