Misleading Justice (Perjury) Module

Question 1

Perjury (Elements)

Answer 1

Crimes Act 1961 Section 108
- Witness making any
- Assertion as to any matter of fact
- 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 2

Witness (Definition)

Answer 2

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

Question 3

Assertion (Definition)

Answer 3

Declared or stated positively, often with no support or attempt made at furnishing evidence or proof of the assertion’s accuracy

Question 4

Matter of fact (Definition)

Answer 4

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.

Question 5

Intention to mislead (Definition)

Answer 5

The offence of perjury is complete at the time the false evidence is given accompanied by an intention to mislead the tribunal.

Question 6

Examples of misleading justice

Answer 6

• 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

Question 7

Charging with perjury

Answer 7

• You may only commence a prosecution for perjury (civil or criminal),
  where it is recommended by the courts or you are directed to do so by the
  Commissioner of Police. You may, however, begin inquiries into an
  allegation of perjury without reference to the court or Commissioner of
  Police.

Question 8

Oath, Affirmation, Declaration (Definitions)

Answer 8

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.

Affirmation
This is a verbal or written declaration, before a person who has authority to
administer an oath, saying that a thing is true or right without reference to
religious belief

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