Misleading Justice II Flashcards
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, on any occasion on which 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 applies, fabricates evidence by any means other than perjury.
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.
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.
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).
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.
Knowledge
Simester & Brookbanks - Knowing means knowing, or correctly believing.. the belief must be a correct one, where the belief is wrong a person cannot know something.
It also means knowing or believing a set of circumstances so as to be free from doubt.
Giving evidence
To give evidence means to give evidence in a proceeding, (s4, Evidence Act 2006) in one of three defined ways:
(a) in the ordinary way as described in s83; (personally in court or by affidavit) or
(b) in an alternative way, as provided for by s105; (CCTV, DVD, screens etc.) or
(c) in any other way provided for under this Act or any other enactment.
Opinion
Opinion is defined in s4 of the Evidence Act 2006.
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.
Belief
Belief is essentially a subjective feeling regarding the validity of an idea or set of facts. It is more than mere suspicion and less than knowledge.
