Misleads Justice

Question 1

What is the section and elements for perjury

Answer 1

Section 108 CA61.

• A witness making
• Assertion as to a mater of fact, opinion, belief or knowledge
• In any judicial proceeding
• forming part of the witness evidence on oath
• knwon by the witness to be false and
• intended to mislead the trinbunal

Question 2

Define witness

Answer 2

A witness is a person who is able to give evidence and is able to be crossed examined in a proceeding.

Question 3

Define assertion

Answer 3

This is something state positively, with no outside influence.

Question 4

Define Matter of fact

Answer 4

This term is used by the courts to distinguish a particular kind of information

Fact is a thing done, an actually occurrance or event.

Question 5

Define opinion

Answer 5

Opinion is defined under section 4 of the evidece Act 2006.

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

Question 6

Define belief

Answer 6

Is essentially a subjective feeling regarding the validty of an idea or fact.

Question 7

Define knowledge

Answer 7

Means knowing or correctly believe. the belief must be a correct one. if the belief is wrong then a person cannot know somehing.

Question 8

Define judicial proceeding

Answer 8

Giving evidence in a judicial proceeding of a NZ proceeding whether from anywhere in the world would deem as giving that evidence in NZ. So if a person is found to commit perjury while remotely then will be deemed to have done it in NZ.

Question 9

What are teh three ways of giving evidence

Answer 9

1 - In an ordinary way (Usually in person)
2 - In an alternative way (CCTV, DVD, Screens)
3 - In any other way provided for under this actor any enactment.

Question 10

What are the three words that relate to telling the truth in a proceeding

Answer 10

Oath
Is a declaration before a person who has a authority to administer the oath which invokes some religious beliefs to say that a thing is true and correct

Affirmation
Is a declaration before a person who has a authority to administer the oath, saying that a thing is true and correct without reference to religious beliefs.

Declaration
A person under the age of 12 years old may make a declaration, which is a promise to tell the trtuth.

Question 11

When is the offence of perjury complete

Answer 11

At the time the false evidence is given accompanied with the intent to mislead the tribunal

Question 12

List 6 examples of misleading justice

Answer 12

1 - Preventing a witness from testifying
2 - wilfully going absent as a witness
3 - Threatening or bribing a witness
4 - Intentionally giving police false information to obstruct their enquiries
5 - arranging a false alibi
6 - Threatening or bribing jury memebers

Question 13

What is section 116 of CA61

Answer 13

Conspires to obstruct, prevent, pervert or defeat the course of justice.

Question 14

What is section 117 CA61

Answer 14

Corruption of jurors or witnesses by persuading, influences.

Question 15

List the 5 investigative procedures to be mindful of

Answer 15

1 -Consiparcy to defeat the course of just encmopases both civil and criminal proceedings

2 - It is not a defence to a charge of defeat the course of justice that the aim of the offender is to get a just result or one they believe is right.

3 - If you are unable to establish a conspiracy under s116 then the evidence may reveal an attempt under s117

4 - You may only commence a prosecution whether civil or criminal where it is recommended by the courts or authorised by the commissioner of Polcie. You may however begin the investigation.

5 - Compaints may arise is two ways

• An individual may complain that someone has perjured themselves
  - A judge may state or direct the Police to undertake inquirires into the truth of the evidence given by a witness.

Question 16

When may a prosecution of perjury begin?

Answer 16

You may only commence a prosectuion for perjury where it isrecommended by the court or you are directed by the commissioner of Police to do so.

Question 17

List six examples of conspiring or attempting to obstruct, prevent, pervert or defeat the course of justice

Answer 17

• preventing a witness from giving evidence.
• Threatening or bribing a witness
• Threatening or bribing a juror
• wilfully going absent during a trial
• Knowingly giving Police false information as to hinder their invetigation
• Arranging a false alibi.

Question 18

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

Answer 18

The offenders intention to mislead the tribunal in a judicial proceedings

Question 19

What are the two main point to cover when interviewing a suspect in relation to perjury

Answer 19

• Whether the suspect knew their assertion was false and

- Whether they intended to mislead the tribunal in a judicial proceedings

Question 20

Define evidence

Answer 20

Is the whole body material in which the court will take into account when forming their decision.

Question 21

Define proceeds

Answer 21

In relation to an offence. is the property that is derived or acquired, either directly or in directly, by any person from the commission of an offence

Question 22

define offence

Answer 22

Is any act that is punishable under NZ law, or any act, that is committed anywhere, if committed in NZ would be an offence in NZ