Misleading Justice Pt 2

Question 1

When has Perjury been completed?

Answer 1

The offence of perjury 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

Question 2

Corroboration is not required for offences, except with respect to the offences of—

Answer 2

• Perjury
• False Oath
• False Statement or Declaration
• Treason

It is not necessary for the Judge to—
(a) warn the jury that it is dangerous to act on uncorroborated evidence or to give
a warning to the same or similar effect; or

(b) give a direction relating to the absence of corroboration.

Question 3

Examples of misleading justice

Answer 3

• 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 4

Investigative Guidelines (Procedure)

Answer 4

• Conspiring to defeat the course of justice encompasses both civil and criminal proceedings.
• It is no defence that the aim of the offender was to secure a just result, or one they believed was right.
• In situations where you are unable to establish a conspiracy Under S116, the evidence may reveal a wilful attempt to obstruct, prevent, pervert or defeat the course of justice subject to section 117.
• 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 inquiries into an allegation of perjury without such reference

• Complaints of perjury can arise in two ways:
− An individual may complain that someone has perjured themselves.
− A Judge may state or direct in a court recommendation that the police undertake inquiries into the truth of the evidence given by a witness

Question 5

S116 - Conspiring to defeat justice

Answer 5

Every one is liable to imprisonment for a term not exceeding 7 years who conspires to obstruct, prevent, pervert, or defeat the course of justice.

Question 6

S117 Corrupting Juries and witnesses

Answer 6

Every one is liable to imprisonment for a term not exceeding 7 years who:

(a) Dissuades or attempts to dissuade any person, by threats, bribes or other corrupt means, from giving evidence in any cause or matter or

(b) influences or attempts to influence, by threats or bribes or other corrupt means, a member of a jury in his or her conduct as such ;
or

(c) accepts any bribe or other corrupt consideration to abstain from giving
evidence; or

(d) accepts any bribe or other corrupt consideration on account of his or her conduct as a member of a jury ; or

(e) wilfully attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice in New Zealand or the course of justice in an overseas
jurisdiction