Perjury / Misleading Justice Flashcards
Section 112, Crimes Act 1961 - Corroboration requried for evidence of perjury, false oat, or false statement. (M/C)
No one shall be convicted of perjury, or any offence against section 110 or section 111 on the evidence of one witness only, unless the evidence is corroborated in some material particular by evidence implicating the defendant.
Example of conspiracy or attempting to mislead justince within sections 116, 117 may include:
- Preventing a witness from testifying
- Wilfully going absent as a witness
- Threatening or bribing witnesses
- Concealing the fact an offence has been committed
- Intentionally giving Police false information to obstruct their inquiries
- Supplying false informatino to probation officers
- Assisting a wanted person to leave the country
- Arranging a false alibi
- threatening or bribing jury members
Who may direct a prosecution of perjury?(M/C)
May only commence a prosecution where it is reccommended 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.
Two points to be covered when interviewing a suspect in relation to Perjury.
- Whether the suspect knew their assertion was false and
- Whether they intended to mislead the tribunal government proceedings
Section 121(1) Evidence Act 2006 - Offences which requires evidence to bo corroborated
It is not necessary in a criminal proceeding for the evidence on which the prosecution relies to be corroborated, except with respect to the offence of
- Perjury
- Fasle oaths
- False statements or declarations
- Treason
Defintion of Witness
A person who give evidence and is able to be cross-examined in a proceeding.
Definition of witness
A person who gives evidence and is able to be cross-examined in a proceeding.
Defintion of Assertion
A statement of fact or belief declared or stated positively, often with no support or attempt made at furnishing evidence or proof of the assertion’s accuracy.
Definition matter of fact
A term used by the courts to distinguish a particular kind of information.
Defintion of Opinion
A statement of opinion that tends to prove or disprove fact.
Definition of belief
Having fath in an idea or formulating a clonclusion as the result of considering the available information.
Defintion of knowledge
Believing in a set of circumstances so as to be free from doubt.
Giving evidence means:
To give evidence in a proceeding in one of three ways.
- In the ordinary way, as described in section 83
- in an alternative way, as provided for by section 105
- In any other provided for under this act or any other enactment
Definition of Oath
A declaration before a person authorised to administer an oath which invoked religious belief and says that a thing is true or right.
Definition of Affirmation
A verbal or written declaration before a person authorised to administer an oath, saying that a thing is true or right without reference to religious belief.
