Misleading Justice Flashcards
Perjury 108(1)
ELEMENT
- A witness making any
- Assertion as to any matter of fact, opinion, belief, or knowledge
- In any judicial proceeding
- Forming part of that witnesses evidence on oath
- Known by that witness to be false, and
- Intended to mislead the tribunal
Perjury
Penalty
S109 CA61
(1) Except as provided in subsection (2) of this section, every one 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 for which the maximum punishment is not less than 3 years’ imprisonment, the punishment may be imprisonment for a term not exceeding 14 years.
False Oaths
Statement on oath/affirmation
Elements
S110 CA61
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.
False statements or declarations
Elements
S111 CA61
Every one is liable to imprisonment for a term not exceeding 3 years who,
where he is required or permitted by law to make any statement or declaration
before any officer or person authorised by law to take or receive it, or before any notary public to be certified by him as such notary,
makes a statement or declaration that would amount to perjury if made on oath in a judicial proceeding.
Evidence of perjury, false oath, or false statement
Legislation
No one shall be convicted….
S112 CA61
No one shall be convicted of perjury, or of any offence against section 110 or section 111 of this Act, on the evidence of one witness only, unless the evidence of that witness is corroborated in some material particular by evidence implicating the defendant.
Fabricating Evidence
Elements
S113 CA61
Every one 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 (Perjury) applies, fabricates evidence by any means other than perjury.
Witness
Definition
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.
Assertion
Definition
This is something declared or stated positively, often with no support or attempt made at furnishing evidence or proof of the assertion’s accuracy.
Matter of Fact
Definition
A fact is a thing done, an actual occurrence or event, and it is presented during court proceedings in the form of witness testimony and evidence.
Opinion
Definition
S4 Evidence Act 06
Opinion, in relation to a statement offered in evidence, means a statement of opinion that tends to prove or disprove a fact.
A statement of an opinion is not admissible in a proceeding, except as provided by section 24 and 25 of the Evidence Act 2006.
Opinion evidence of lay witnesses
Legislation
and when opinion evidence is permissible
S24 Evidence Act 06
A witness may state an opinion in evidence in a proceeding if that opinion is necessary to enable the witness to communicate, or the fact-finder to understand, what the witness saw, heard, or otherwise perceived
Under this section, lay witnesses are routinely permitted to give evidence concerning:
- apparent age
- identity,
- physical and emotional state of people,
- condition of articles (worn, used, or new),
- speed,
- whether a person is under the influence of drink.
Belief
Definition
A subjective feeling regarding the validity of an idea or set of facts. It is more than mere suspicion and less than knowledge.
Knowledge
Definition
“Knowing” means “knowing, or correctly believing” … the belief must be a correct one, where the belief is wrong a person cannot know something:
Oath
Definition
This is a declaration before a person who has authority to administer an oath, which invokes some religious belief and says that a thing is true or right. For example, a Christian would swear an oath on the Bible.
Affirmation
Definition
This is a verbal or written declaration, before a person who has authority to administer an oath, saying that a thing is true or right without reference to religious belief
Declaration - witness under 12
What is this also called
A witness under 12 years old may make a declaration, which is a promise to tell the truth.
Perjury
When is offence complete
and no defence
At the time the false evidence is given accompanied by an intention to mislead the tribunal.
There is no defence where the witness later recants and informs the tribunal of the falsity of the earlier evidence given.
Corroboration
Legislation
S121 Evidence Act 06
(1) It is not necessary in a criminal proceeding for the evidence on which the prosecution relies to be corroborated, except with respect to the offences of—
(a) perjury (section 108 of the Crimes Act 1961); and
(b) false oaths (section 110 of the Crimes Act 1961); and
(c) false statements or declarations (section 111 of the Crimes Act 1961); and
(d) treason (section 73 of the Crimes Act 1961).
Conspiring to defeat justice
Elements
S116 CA61
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.
Conspiring to defeat justice
Examples
- threatening or bribing witnesses
- threatening or bribing jury members
- preventing a witness from testifying
- wilfully going absent as a witness
- assisting a wanted person to leave the country
- arranging a false alibi
- concealing the fact an offence has been committed
- intentionally giving police false information to obstruct their inquiries
- supplying false information to probation officers
Corrupting Juries and Witnesses
Elements
S117 CA61
Every one is liable to imprisonment for a term not exceeding 7 years who:
(a) Dissuades or attempts to dissuade any person, by threats, bribes or other corrupt means, from giving evidence in any cause or matter
(b) influences or attempts to influence, by threats or bribes or other corrupt means, a member of a jury in his or her conduct as such
(c) accepts any bribe or other corrupt consideration to abstain from giving evidence
(d) accepts any bribe or other corrupt consideration on account of his or her conduct as a member of a jury
(e) wilfully attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice in New Zealand or the course of justice in an overseas jurisdiction.
Investigative Procedure
Guidelines
- You may 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.
- Conspiring to defeat the course of justice encompasses both CIVIL and criminal proceedings.
- It is NO DEFENCE to a charge of conspiring to defeat the course of justice that the aim of the offender was to secure a just result, or one they believed was right.
- 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 a witness
• In situations where you are unable to establish a conspiracy pursuant to section 116, the evidence may reveal a WILFUL ATTEMPT to obstruct, prevent, pervert or defeat the course of justice subject to section 117.
When can you start a prosecution for perjury
Where it is recommended by the courts or you are directed to do so by the Commissioner of Police.
The two main points to be covered when interviewing a suspect in respect of perjury are:
- whether the suspect knew their assertion was false, and
* whether they intended to mislead the tribunal governing proceedings.
