Misleading of Justice Flashcards
Section and definition of Perjury?
Section 108 (1) CA61
Perjury is an assertion as to a matter of fact, opinion, belief or knowledhe made by a witness in a judicial proceeding as part of their evidence of oath in an open court or by affidavit, that assesrtion being known to the witness to be false or intended to mislead by them to mislead the tribunal holding the proceeding.
What are the elements of Perjury?
- A witness making any
- Assertions as to any matter of fact, opinion, belief or knowledge
- 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.
- Witness
- Assertion
- Matter of fact, opinion, belief, knowledge
- Judicial proceeding
- Witness’s evidence on oath
- Known
- Offence complete
What is the rule relating to a formal statement under section 83 of the criminal procedure act 2011?
Filed under section 85 is to be treated as evidence on oath given in a judicial proceeding within the meaning of section 108 CA61
What is the punishment for Perjury s109?
7 years imprisonment
If perjury is committed to procure a conviction of a person which the max punishment is not less than 3 years, the punishment may not exceed 14 years.
What is section 110 CA61?
False oath
Liable for imprisonment not exceeding five years being required or authorised by law to make any statement on oath there upon makes a statement that would amount to perjury if made in a judicial proceeding
What is section 111 CA61?
False statement
Liable for 3 years makes a statement or declaration that would amount to perjury if made on oath in a judicial proceeding.
What is section 112 CA61
Evidence of perjury false oath or false statement
No one shall be convicted of perjury on the evidence of one witness only, unless the witness evidence is corroborated in some material particular by evidence implicating the defendant
What is section 113 CA61?
Fabricating evidence
Everyone is liable not exceeding 7 years with intent to mislead tribunal holding any judicial proceeding to which s108 applies, fabricates evidence by any means other than perjury.
Define witness?
A person who gives evidence and is able to be cross examined in a proceeding
Define assertion?
Something declared or positively stated, often with no support or proof that it is accurate
Define matter of fact?
An actual occurrence or event and presented during court proceedings in the form of witness testimony and evidence
Define opinion?
Means a statement that tends to prove or disprove a fact.
What is the rule regarding witness stating their opinions?
A witness is permitted to testify as to what they personally know about the facts of a case.
Exception is made for expert witnesses, whose technical or scientific is considered sufficient.
What is section 24 Evidence Act?
A witness may state in an opinion if that opinion is necessary to enable the witness to communicate what they saw heard or perceived.
Examples of permitted statements of opinion concerning
Age, Identity, Speed, Physical and emotional state of a person, condition of articles, intoxication
Define belief?
A subjective feeling regarding the validity of an idea or set of facts. It is more then mere suspicion and less than knowledge.