PERJURY

Question 1

Perjury Legislation

Answer 1

S108 CA61 (1) 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 his evidence on oath, whether the evidence is given in open Court or by affidavit or otherwise, that assertion being known to the witness to be false and being intended by him to mislead the tribunal holding the proceeding.

Question 2

Perjury Penalty

Answer 2

S109 CA61
7 years
Offence >3yrs = 14years

Question 3

False Oaths Statement on oath/affirmation Elements

Answer 3

S110 CA61 5 years
being required or authorised by law to make any statement on oath or affirmation, thereupon makes a statement that would amount to perjury if made in a judicial proceeding.

Question 4

False statements or declarations Elements

Answer 4

S111 CA61 3 years
On any occasion on which he is required or permitted by law to make any statement or declaration before any officer or person authorised by law to take or receive it, or before any notary public to be certified by him as such notary, makes a statement or declaration that would amount to perjury if made on oath in a judicial proceeding.

Question 5

Evidence of perjury, false oath, or false statement Legislation No one shall be convicted….

Answer 5

S112 CA61 No one shall be convicted of perjury, or of any offence against section 110 or section 111 of this Act, on the evidence of one witness only, unless the evidence of that witness is corroborated in some material particular by evidence implicating the defendant.

Question 6

Fabricating Evidence Elements

Answer 6

S113 CA61 7 years
with intent to mislead any tribunal holding any judicial proceeding to which section 108 applies, fabricates evidence by any means other than perjury.

Question 7

Witness Definition

Answer 7

A person who gives evidence and is able to be cross-examined in a proceeding.
This includes a person who is actively engaged in the process of giving evidence and/or one who has previously given evidence.
The term witness also includes a person who will give evidence.

Question 8

Assertion Definition

Answer 8

Something declared or stated positively, often with no support or attempt made at furnishing evidence or proof of the assertion’s accuracy.

Question 9

Matter of Fact Definition

Answer 9

A thing done, an actual occurrence or event, and it is presented during court proceedings in the form of witness testimony and evidence.

Question 10

Opinion Definition

Answer 10

A statement of opinion that tends to prove or disprove a fact.
A statement of an opinion is not admissible in a proceeding, except as provided by section 24 and 25 of the Evidence Act 2006.

Question 11

Opinion evidence of lay witnesses Legislation and when opinion evidence is permissible

Answer 11

S24 Evidence Act 06 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, or otherwise perceived.

Under this section, lay witnesses are routinely permitted to give evidence concerning: - apparent age - identity, - physical and emotional state of people, - condition of articles (worn, used, or new), - speed, - whether a person is under the influence of drink.

Question 12

Belief Definition

Answer 12

A subjective feeling regarding the validity of an idea or set of facts. It is more than mere suspicion and less than knowledge.

Question 13

Knowledge Definition

Answer 13

Knowing, or correctly believing, the defendant may believe something wrongly, but cannot know something that is false.

Question 14

Oath Definition

Answer 14

This is 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. For example, a Christian would swear an oath on the Bible.

Question 15

Affirmation Definition

Answer 15

This is 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 16

Declaration - witness under 12 What is this also called

Answer 16

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

Question 17

Perjury When is offence complete and no defence

Answer 17

At the time the false evidence is given accompanied by an intention to mislead the tribunal. There is no defence where the witness later recants and informs the tribunal of the falsity of the earlier evidence given.

Question 18

Corroboration Legislation

Answer 18

S121 Evidence Act 06 (1) It is not necessary in a criminal proceeding for the evidence on which the prosecution relies to be corroborated, except with respect to the offences of—

(a) perjury (section 108 of the Crimes Act 1961); and
(b) false oaths (section 110 of the Crimes Act 1961); and
(c) false statements or declarations (section 111 of the Crimes Act 1961); and
(d) treason (section 73 of the Crimes Act 1961).

Question 19

Conspiring to defeat justice Elements

Answer 19

S116 CA61 7 years

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

Question 20

Conspiring to defeat justice Examples

Answer 20

• threatening or bribing witnesses
• threatening or bribing jury members
• preventing a witness from testifying
• wilfully going absent as a witness
• assisting a wanted person to leave the country
• arranging a false alibi
• concealing the fact an offence has been committed
• intentionally giving police false information to obstruct their inquiries
• supplying false information to probation officers

Question 21

Corrupting Juries and Witnesses Elements

Answer 21

S117 CA61 7 years

(a) Dissuades or attempts to dissuade any person, by threats, bribes or other corrupt means, from giving evidence in any cause or matter
(b) influences or attempts to influence, by threats or bribes or other corrupt means, a member of a jury in his or her conduct as such
(c) accepts any bribe or other corrupt consideration to abstain from giving evidence
(d) accepts any bribe or other corrupt consideration on account of his or her conduct as a member of a jury
(e) wilfully attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice in New Zealand or the course of justice in an overseas jurisdiction.

Question 22

Investigative Procedure Guidelines

Answer 22

• Conspiring to defeat the course of justice encompasses both CIVIL and criminal proceedings.
• COMPLAINTS of perjury can arise in two ways:
- An individual may complain that someone has perjured themselves.
- A Judge may state or direct in a court recommendation that the police undertake inquiries into the truth of the evidence given by a witness
• You may only commence a prosecution for perjury (civil or criminal), where it is recommended by the courts or you are directed to do so by the COMMISSIONER of Police.
You may, however, begin inquiries into an allegation of perjury without reference to the court or Commissioner of Police.
• It is NO DEFENCE to a charge of conspiring to defeat the course of justice that the aim of the offender was to secure a just result, or one they believed was right.
• In situations where you are unable to establish a conspiracy pursuant to section 116, the evidence may reveal a WILFUL ATTEMPT to obstruct, prevent, pervert or defeat the course of justice subject to section 117.

Question 23

When can you start a prosecution for perjury

Answer 23

Where it is recommended by the courts or you are directed to do so by the Commissioner of Police.

Question 24

The two main points to be covered when interviewing a suspect in respect of perjury are:

Answer 24

• whether the suspect knew their assertion was false, and

* whether they intended to mislead the tribunal governing proceedings.