Misleading Justice Flashcards
Perjury section and act
Section 108, ca 1961
What is perjury?
Perjury is an assertion as to a matter of fact, opinion, belief or knowledge made by a witness in a judicial proceeding as part of his evidence or oath, whether the evidence is given in open court or by affidavit or other. That assertion being known to the witness to be false and being intended by him to mislead the tribunal holding the proceeding.
Perjury elements
- 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 or oath
- known by that witness to be false and
- intended to mislead the tribunals
Fabricating evidence, s113, ca 1961
Imprisonment for term not exceeding 7 years, who with intent to mislead any tribunal holding any judicial proceeding to which section 108 applies, fabricated evidence by any means other than perjury.
R v Cleland
If a person may have made a previous statement that was not an oath, which is contradicted by a subsequent statement or oath, it is not sufficient evidence alone, without a confession, to establish perjury in respect of the later statement
Examples of conspiring or attempting to mislead justice within section 116 and 117
- preventing a witness from testifying
- wilfully going absent as a witness
- threatening or bribing a witness
- concealing the fact an offence has been committed
- intentionally giving police false information to obstruct their enquiries
- supplying false information to probation officers
- assisting a wanted person to leave the country
- arranging a false alibi
Threatening or bribing jury members
Investigating perjury and prosecution
You may only commence a prosecution for perjury where it is recommended by the courts or you are directed to do so by the commissioner of police.
You may however begin enquiries into an allegation of perjury without reference to the court or commissioner of police
