Perjury - Misleading Justice

Question 1

Examples of Conspiring to Misleads Justice under S116 (Know 4 of these)

Answer 1

• Preventing a victim from testifying
  Wilfully going absent as a witness
• Threatening or bribing witnesses
• Threatening or bribing jury members
• Concealing the fact an offence has been committed
• Assisting a wanted person to leave the country
• Intentionally giving Police false information to obstruct their inquiries
• Supplying false information to probation officers
• Arranging a false alibi

Question 2

Section 112, CA 1961 (Evidence of Perjury, False Oath or False Statement)

Answer 2

No one shall be convicted of perjury, or of any offence agasint s110 or s111, CA 1961 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 3

What are the key elements of Perjury?

Answer 3

• A witness making any
  assertion as to any matter of fact, opinion, belief 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

Question 4

What intent is required to the charge of perjury?

Answer 4

It must be proven that the offenders intent was to mislead the tribunal holding the proceeding.

Question 5

When is the offence of Perjury complete?

Answer 5

• The offence of perjury is complete at the time the false evidence is given accompanied by an intention to mislead the tribunal
• The intention must be to mislead the tribunal, where this intention is absent, no offence is committed
• There is no defence where the witness later recants and informs the tribunal of the falsity of the statement

Question 6

Define ‘witness’:

Answer 6

A witness is a person who gives evidence and is able to be cross-examined in a proceeding. Includes someone who is, has or is going to give evidence.

Question 7

Section 24, Evidence Act 2006

Answer 7

• A witness may state an opinion 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.
• Examples of routinely permitted statements of opinion are opinions:
  –Age
  –Identity
  –Speed
  –Physical and emotional state of a -person
  –Condition of articles (worn, used or new)
  –Intoxication

Question 8

When is it permitted to commence a prosecution for perjury?

Answer 8

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

Question 9

Section 113, CA 1961 (Fabricating Evidence)

Answer 9

Everyone is liable to 7 years imprisonment who, with intent to mislead any tribunal holding any judicial proceeding to which s108 applies, fabricates evidence by any means other than perjury.

Question 10

Two essential ingredients for fabricating evidence?

Answer 10

• Intent to mislead any tribunal holding a judicial proceeding to which section 108 applies
• Fabricates evidence by means other than perjury

Question 11

Dio has been charged for a violent unlawful sexual connection. Dio knows that Kakyion has seen this offence take place and will be able to give very strong evidence, however, he has not yet been summoned to court as a witness. Dio threatens to punch a hole in Kakyoin’s chest if he makes a statement. Is Dio liable to conspiring to defeat the course of justice under section 116?

Answer 11

Yes. The offence of conspiring to defeat the course of justice does not require court proceedings to have started.

Question 12

Jotaro is suspicious that his companion, Polnareff, has perjured himself in court in relation to viciously assaulting children. When may Jotaro begin investigating Polnareff for Perjury?

Answer 12

Jotaro may begin inquiries into an allegation of perjury without reference from court or direction from the commissioner.