PERJURY Flashcards

1
Q

Perjury Legislation

A

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.

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2
Q

Perjury Penalty

A

S109 CA61
7 years
Offence >3yrs = 14years

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3
Q

False Oaths Statement on oath/affirmation Elements

A

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.

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4
Q

False statements or declarations Elements

A

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.

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5
Q

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

A

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.

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6
Q

Fabricating Evidence Elements

A

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.

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7
Q

Witness Definition

A

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.

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8
Q

Assertion Definition

A

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

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9
Q

Matter of Fact Definition

A

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

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10
Q

Opinion Definition

A

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.

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11
Q

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

A

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.

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12
Q

Belief Definition

A

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

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13
Q

Knowledge Definition

A

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

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14
Q

Oath Definition

A

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.

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15
Q

Affirmation Definition

A

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

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16
Q

Declaration - witness under 12 What is this also called

A

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

17
Q

Perjury When is offence complete and no defence

A

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.

18
Q

Corroboration Legislation

A

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).

19
Q

Conspiring to defeat justice Elements

A

S116 CA61 7 years

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

20
Q

Conspiring to defeat justice Examples

A
  • 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
21
Q

Corrupting Juries and Witnesses Elements

A

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.

22
Q

Investigative Procedure Guidelines

A

• 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.

23
Q

When can you start a prosecution for perjury

A

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

24
Q

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

A
  • whether the suspect knew their assertion was false, and

* whether they intended to mislead the tribunal governing proceedings.