Misleading of Justice

Question 1

Section and definition of Perjury?

Answer 1

Section 108 (1) CA61
Perjury is an assertion as to a matter of fact, opinion, belief or knowledge 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.

Question 2

What are the elements of Perjury?

Answer 2

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

Question 3

What is the rule relating to a formal statement under section 83 of the criminal procedure act 2011?

Answer 3

Formal statement filed under section 85 is to be treated as evidence on oath given in a judicial proceeding within the meaning of section 108 CA61

Question 4

What is the punishment for Perjury s109?

Answer 4

7 years imprisonment
If perjury is committed of a person which the max punishment is not less than 3 years, must not exceed 14 years.

Question 5

What is section 110 CA61?

Answer 5

False oath
Not exceeding five years.
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

Question 6

What is section 111 CA61?

Answer 6

False statement
Liable for 3 years makes a statement or declaration that would amount to perjury if made on oath in a judicial proceeding.

Question 7

What is section 112 CA61?

Answer 7

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

Question 8

What is section 113 CA61?

Answer 8

Fabricating evidence
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.

Question 9

Define witness?

Answer 9

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

Question 10

Define assertion?

Answer 10

Something declared or positively stated, often with no support or proof that it is accurate

Question 11

Define matter of fact?

Answer 11

An actual occurrence or event and presented during court proceedings in the form of witness testimony and evidence

Question 12

Define opinion?

Answer 12

Means a statement that tends to prove or disprove a fact.

Question 13

What is the rule regarding witness stating their opinions?

Answer 13

A witness is permitted to testify as to what they personally know about the facts of a case but not as an opinion.
Exception is made for expert witnesses, whose technical or scientific is considered sufficient to allow them to state their opinion on relevant matters..

Question 14

What is Section 24 Evidence Act?
(Witness Opinion)

Answer 14

A witness may state an opinion if opinion is necessary to enable 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

Question 15

Define belief?

Answer 15

Subjective feeling regarding validity of an idea or set of facts. More then mere suspicion, less than knowledge.

Question 16

Define knowing?

Answer 16

Knowing or correctly believing.

Question 17

What intent is required for the charge of perjury?

Answer 17

Must be proved that the offender’s intent was to mislead the tribunal holding the proceeding.

Question 18

Giving evidence remotely

Answer 18

Giving evidence by audio visual link in a proceeding is considered taking part at the hearing.
Giving false evidence from another country is perjury and falls within NZ jurisdiction.

Question 19

Define three ways evidence can be given?

Answer 19

Personally in court
CCTV DVD Audio visual link
Any other way provided for under this act or any other enactment.

Question 20

Define Oath?

Answer 20

A declaration before a person who has authority to administer an oath, which invokes some religious beliefs and says that a thing is true or right.

Question 21

Define affirmation?

Answer 21

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

Question 22

Define declaration?

Answer 22

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

Question 23

When is the offence of perjury completed?

Answer 23

At the time the false evidence is given accompanied by intent to mislead the tribunal
Intent to mislead the tribunal must be present or no offence is committed
No defence where witness later recants and informs tribunal of the false evidence given.

Question 24

What evidence is required to prove perjury?

Answer 24

Corroborating evidence that an element of perjury occurred.
If first statement is made not under oath and second statement contradicts the first but made under oath, second statement only is not sufficient evidence for perjury charge against the first statement.

Question 25

What section 116 CA61?
(Conspiring to defeat justice)

Answer 25

Conspiring to defeat justice
Liable for 7 years who conspires to obstruct, prevent, pervert or defeat the course of justice.

Question 26

What situations does the offence defeats the course of justice applies?

Answer 26

• Conduct intended to affect whether or not proceedings will ever be started.
• Victim is discourage from pursuing a complaint
• False statements are made to engage Police in false investigation leads.

Question 27

Examples of misleads justice s118

Answer 27

Preventing witnesses from testifying
Willfully going absent as a witness
Threatening or bribing witnesses
Arranging a false alibi
Threatening or bribing jury members

Question 28

What situation is not a defence to conspiring?

Answer 28

If the aim of the offender was to secure a just result, or one they believed was right

Question 29

When is it permitted to commence prosecution for perjury?

Answer 29

When its recommended by the court or directed by the Commisioner
You may begin inquiries without permission

Question 30

How may complaints of perjury arise?

Answer 30

Individual may complain that they perjurise themselves.
A judge may state or direct a court recommendation for police inquire into the truth of the evidence given by the witness.