Misleading Justice - Perjury

Question 1

S/A What are the elements of perjury? S108(1) CA 1961

Answer 1

1. A witness making any
2. Assertation as to any matter of fact, opinion, belief or knowledge
3. Forming part of that witness’s evidence on oath
4. Known by that witness to be false AND
5. Intended to mislead the tribunal

Question 2

M/C Evidence of perjury, false oath or false statement - S112

m/C

Answer 2

No one shall be convicted of perjury, or any offence against section 110 or section 111 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 3

*Fabricating evidence - S113

Answer 3

Everyone is liable to imprisonment for a term not exceeding 7 years who with intent to misleadany tribunal holding any judicial proceeding to which section 108 applies, fabricates evidence by any means other than perjury

Question 4

*Knowledge - Simister & Brookbank

Answer 4

Knowing means knowing or correctly believing, the belief must be a corect one, where the belief is wrong a person cannot know something

Question 5

S/A Witness

S/A

Answer 5

A witness is a person who gives evidence and is able to be cross examined in a proceeding

Question 6

What is opinion evidence by lay witness - S24 Evidence act 2006

Answer 6

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 finderto understand what the witness heard, saw or otherwise percieved.

Question 7

*Intention to mislead - When is perjury complete?

Answer 7

It 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

S/A **Examples of misleading justice within S116 & S117

S/A

Answer 8

1. Preventing a witness from testifying
2. Wilfully going absent as a witness
3. Threatening or bribing witnesses
4. Concealing the fact an offence has been committed
5. intentionally giving police false information to obstruct their inquiries
6. supplying false information to probation officers
7. assisting a wanted person to leave the country
8. arranging a false alibi
9. threatening or bribing jury members

Question 9

M/C investigative procedures
(Perjury prosection and enquiries)

m/c

Answer 9

Can only start a prosecution where recommended by the courts or directed by the Commissioner of Police.

BUT can commence enquiries into allegation of perjury without approval of courts of commissioner of Police

Question 10

Judicial proceeding DEF

Answer 10

Any court of justice, any legal tribunal, the house of representatives, the court martial of NZ.

Question 11

Assertion Def

Answer 11

Something declared or stated positively, often with no support or attempt at furnishing evidence OR proof of the assertions accuracy

Question 12

Matter of fact def

Answer 12

A term used by the courts to distinguish a particular kind of information.

Question 13

Opinion Def

Answer 13

A statement of opinion that tends to prove or disprove fact.

Question 14

Belief Def

Answer 14

Having faith in an idea or formulating a conclusion as the result of considering the available information.

Question 15

Knowledge Def

Answer 15

Believing in a set of circumstances so as to be free from doubt.

Question 16

Oath Def

Answer 16

A declaration before a person authorized to administer an oath which invokes religious belief and says that a thing is true or right.

Question 17

Affirmation Def

Answer 17

A verbal or written declaration before a person authorized to administer an oath, saying that a thing is true or right without reference to religious belief.

Question 18

Declaration Def

Answer 18

A witness under 12 year old may make a declaration which is a promise to tell the truth.

Question 19

Known by that witness to be false and Def

Answer 19

The accused knows the statement to be false.

Corroboration required - there must be corroboration in respect to offences involving perjury, false oaths, false stateem,tns or declarations. S121(1)(a)

Question 20

Intended to mislead the tribunal Def

Answer 20

It 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 informas the tribunal of the falsity of the earlier evidence given.

Question 21

What intent must you be able to prove in order to establish a charge of perjury?

Answer 21

The offenders intention to mislead the tribunal holding judicial proceeding

Question 22

What are the two main points to be covered when interviewing a suspectin respect of perjury?

S/A

Answer 22

1. Whether the suspect knew their assertation was false AND
2. Whether they intended to mislead the tribunal governing proceedings