Misleading Justice - Other offence

Question 1

It is not necessary in criminal proceedings to corroborate evidence except for which four offences?

Answer 1

• Perjury
• False oaths
• False statements or declarations
• Treason

Question 2

Examples of conspiring or attempting to mislead justice within S116 and S117:

Answer 2

CAWPTT

• Concealing the fact an offence has been committed
• Arranging a false alibi
• Wilfully going absent as a witness
• Preventing a witness from testifying
• Threatening or bribing a witness
• Threatening or bribing jury members

Question 3

What was held in R v Cleland?

Answer 3

If a person made a previous statement not on oath, which is contradicted by a subsequent statement on oath, it is not sufficient evidence alone, without a confession to establish perjury.

Question 4

Fabricating evidence - Section/Elements

Answer 4

Fabricates evidence
CA 1961, S113

Everyone who
With intent to mislead
Any tribunal holding any judicial proceeding to which S108 applies
Fabricates evidence by any means other than perjury

Question 5

Conspiring to defeat justice - Section/Elements

Answer 5

Conspiring to defeat justice
CA 1961, S116

Everyone who
Conspires
To obstruct, prevent, pervert, or defeat the course of justice

Eg. Discouraging someone from pursuing a complaint.