Perjruy Flashcards
Section and Elements
S108 CA61
- any witness
- making any assertion as to any matter of fact, opinion, knowledge, or belief
- in any judicial proceeding
- forming part of the witness’ evidence on oath
- known by the witness to be false
- intended to mislead the tribunal
Witness
Any person who gives evidence and is able to be cross-examined in a proceeding.
Includes any person who has, is, or is going to give evidence.
Assertion
Something declared or stated positively, often with no support or attempt made at furnishing evidence or proof of the assertions accuracy.
Matter of fact
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.
Opinion
A statement of opinion that tends to prove or disprove a fact.
Knowledge
Knowing or correctly believing (S&B)
Belief
A subjective feeling regarding the validity of an idea or a set of facts. It is more than suspicion and less than knowledge.
Belief is having faith in an idea, and formulating a conclusion as a result of considering the available information.
Judicial proceeding
“X” is a judicial proceeding (RTS)
Oath
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.
Affirmation
A verbal or written declaration, before a person who has the authority to administer an oath, saying that a thing is true or right without reference to religious belief.
Declaration
A witness less than 12 years old may make a declaration, which is a promise to tell the truth.
Offence complete
ATT the false evidence is given accompanied by an intention to mislead the tribunal.
The defendants intention must be to mislead the tribunal. Where this is absent, no offence is committed.
