Perjury Flashcards
Perjury elements
s108 CA 1961
- a witness making any
- assertion as to any matter of fact, opinion, beleif, 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
Formal statement
s83 criminal procedure act
a formal statement filed under s85 is to be treated as evidence on oath
Punishment of perjury
s109 CA 1961
(1) except as provided in (2), 7 years imprisonment
(2) if perjury committed to procure a conviction, may be imprisonment up to 14 years
False Oaths
s110 CA 1961
5 years
- being required or authorized by law to make any statement, oath, affirmation
- thereupon makes a statement that would amount to perjury
Evidence of perjury/false oath/statement
Cannot be on the evidence of one witness only, unless corroborated
Fabricating evidence
s113 CA 1961
7 years imprisonment
- with intent to mislead any tribunal holding any judicial proceeding
- fabricates evidence by any other means that perjury
Witness definition
a person who gives evidence and is able to be cross examined
Assertion definiton
S
S
something declared or
stated positively
Matter of fact definiton
a Fact is
A thing done
an aCtual occurrence
or evenT
Opinion definition
in relation to a statement offered in evidence, a statement of opinion that tends to prove or disprove a fact
Belief definiton
more that suspicion, and less than knowledge
General admissibility of opinions
s24 Evidence Act 2006
a witness may state an opinion in evidence in a proceeding if that opinion is necessary to enable the witness to communicate, or the fact-finder to understand, what the witness saw, heard, percieved
Oath definitioon
a declaration before a person who has authority to administer the oath
Affirmation definition
a verbal or written declaration , before a person who has authority administer an oath
Declaration definition
a witness under 12 makes a promise to tell the truth
