MISLEADING JUSTICE.

Question 1

**Evidence of perjury, false oath, or false statement - Section 112, Crimes Act 1961

Answer 1

**Evidence of perjury, false oath, or false statement - Section 112, Crimes Act 1961

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.

Question 2

**Elements of perjury

Answer 2

**Elements of perjury

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 part of that witness’s evidence on oath

· known by that witness to be false, and

· intended to mislead the tribunal

Question 3

Witness

Answer 3

Witness

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 4

Opinion evidence by Lay witnesses - Section 24, Evidence Act 2006 General admissibility of opinions:

Answer 4

Opinion evidence by Lay witnesses - Section 24, Evidence Act 2006 General admissibility of opinions:

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

Question 5

Judicial proceeding -

Answer 5

Judicial proceeding -

Includes Giving evidence in a proceeding by way of audio-visual link from another location:

Giving evidence in a proceeding by way of audio-visual link from another location is to be considered as taking place at the hearing: s14 Courts (Remote Participation) Act 2010.

This means that the giving of false evidence by such a method from another country would equate to perjury in New Zealand and falls within the New Zealand jurisdiction.

Question 6

Oath:

Answer 6

Oath:

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.

Question 7

*When Perjury is complete?

Answer 7

*When Perjury is complete?

The offence of perjury is complete 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.

Question 8

Examples of misleading justice

Answer 8

Examples of misleading justice.

Examples of conspiring or attempting to mislead justice within sections 116 and 117 may include:

• 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