Perjury

Question 1

Perjury - Act/Section/ Elements

Answer 1

Crimes Act 1961 Section 108(1)

• A witness making any
• Assertion as to any matter of fact, opinion, belief or knowledge
• In any judicial proceeding
• Forming part of that witnesses evidence on oath
• Known by that witness to be false, and
• Intended to mislead the tribunal

Question 2

Witness - Definition

Answer 2

A person who gives evidence and is able to be cross-examined in a proceeding, which includes a person who will give evidence.

Question 3

Assertion - Defintion

Answer 3

Something declared or stated positively.

Question 4

Matter of fact - Definition

Answer 4

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

Question 5

Opinion - Definition

Answer 5

A statement of opinion that tends to prove or disprove a fact.

Question 6

Opinion statement admissibility - Act/Section S24/S25

Answer 6

Evidence Act 2006 Section 24
A witness may state an opinion in evidence if that opinion is necessary to enable that witness to communicate, or the fact-finder to understand what the witness saw, heard or perceived.

Question 7

Belief - Definition

Answer 7

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

Question 8

Simester and Brookbanks - Knowledge

Answer 8

‘Knowing’ means knowing or correctly believing. The defendant may believe something wrongly but cannot know something that is false.

Question 9

In any judicial proceeding:

Answer 9

X is a judicial proceeding.

Question 10

Evidence defintion

Answer 10

Evidence Act 2006 Section 4
To give evidence means to give evidence in a proceeding in one of the three defined ways:

• The ordinary way
• An alternative way
• Any other way provided for under this act or any other enactment

Question 11

Oath, affirmation and declaration definitions

Answer 11

Oath:
Declaration before a person who has authority to administer an oath. Says that a thing is true or right with reference to religious belief.

Affirmation:
Verbal or written declaration, before a person who has authority to administer an oath. Says that a thing is true or right without reference to religious belief.

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

Question 12

Intended to mislead the tribunal:

When is perjury complete?

Answer 12

Perjury is complete at the time the false evidence is given accompanied by an intention to mislead the tribunal. Where this intention is absent, there is no offence.

There is no defence that the witness later recants their evidence.

Question 13

Investigative procedure - Perjury

You may only commence a prosecution for perjury when?

Answer 13

1. Recommended by the court OR
2. Directed to do so by the Commissioner of Police

Question 14

Can you begin inquiries into an allegation or perjury without recommendation by the court or direction from the Commissioner?

Answer 14

Yes you may begin inquiries.

Question 15

Investigative procedure - Perjury

Complaints of perjury can arise in two ways:

Answer 15

1. Individual may complain that someone has perjured themselves
2. Judge may recommend Police begin inquiries into the truth of evidence given by a witness