Perjury S108(1) Flashcards
Perjury S108 CA61
A witness making any
——————-
Assertion as to any
matter of fact
Or
Opinion
Or
Belief
Or
Knowledge
————————
In any judicial proceeding
Forming part of the witness’s evidence on oath
Knowing by that witness to be false
Intended to mislead the tribunal
Define witness
A person who gives evidence and is able to be cross examined in a proceeding
Includes a person that is, has or is going to give evidence
Define assertion
Something declared or stated positively, often with no support or attempt made a furnishing evidence or proof of the assertions accuracy
Define matter of fact
A thing that is done, an actual occurrence or event, and is presented during court proceedings in the form of witness testimony and evidence
Define opinion
A statement of opinion that tends to prove or disprove fact
Define belief
A belief is essential a subjective feeling regard the validity of an idea or set of facts. It is more than mere suspicion and less than knowledge. Belief is having faith in an idea and formulating a conclusion as a result of considering the available information
Define knowledge
Knowing or correctly believing
Define - in an judicial proceeding
Any court of justice, any legal tribunal. The House of Representatives, the court martial of NZ
Define
Forming part of the witness’s evidence on oath
Giving evidence in person affidavit, by audio-visual link or cctv
Oath - declaration before a person who has authority to administer an oath
Affirmation - verbal or written declaration. Saying that a thing is true or right
Declaration - a witness under 12 promising to tell the truth