perjury

Question 1

define perjury

Answer 1

the unlawful and intentional making of false statements in the course of judicial proceedings by a person who has taken the oath/affirmation/admonition which he knows or foresees might be false

Question 2

what are the 5 elements of perjury

Answer 2

false statement
judicial proceedings
oath/affirmation/admonition
intent
unlawulness

Question 3

describe the false statement element

Answer 3

could either be verbal under o/a/a or written
does not need to be material to the issue
falsity of statement is determined objectively

Question 4

Describe the judicial proceedings element

Answer 4

the statement must be made in the course of judicial proceedings
may be a criminal or civil matter
affidavits made to police during the investigation do not qualify

Question 5

describe the oath affirmation element

Answer 5

oath must be administered by competent official
prescribed formalities must be in place
does not include statements made by legal reps addressing the court (not a testimony under oath)

Question 6

describe the intent element

Answer 6

dolus required
dolus eventualis sufficient
accused must know or forsee that the possibility of their statement is false
accused must know they are under o/a/a

Question 7

describe the unlawfulness element

Answer 7

false statement made in an unsuccessful attempt to put a defence is not a justification