Perjury s108 C.A. 1961

Question 1

Name the elements of Perjury and what act/section/penalty:

Answer 1

Perjury
Section 108 Crimes Act 1961
7 Years

ELEMENTS:
1.1 A witness making any

1.2 Assertion as to any matter of fact, or opinion, or belief, or knowledge

1.3 In any judicial proceeding

1.4 Forming part of the witness’ evidence on oath

1.5 Known by that witness to be false, and

1.6 Intended to mislead the tribunal

Question 2

Is a formal statement that is false deemed to be perjury? What is the penalty?

Answer 2

A formal statement that is filed under s85 is to be treated as evidence on oath given in a judicial proceeding within the meaning of s108. 3 years

Question 3

If Perjury is committed in order to ‘Procure’ the conviction of a person for any offence for which the term of imprisonment is not less than three years what would the punishment be?

Answer 3

For a term not exceeding 14 years imprisonment

Question 4

What is the penalty for False Oaths?

Answer 4

5 years

Question 5

What is the penalty for Fabricating Evidence?

Answer 5

7 years

Question 6

For the Element 1.1 - A witness making any, define what a witness is:

Answer 6

A witness is a person who gives a evidence, and can be cross-examined on their evidence in the court proceedings

Question 7

For the Element 1.2 - Assertion as to any matter of fact, or belief, or opinion, or knowledge, define what assertion is:

Answer 7

Something declared or stated positively (a statement you believe is strongly true), often with no support or attempt made at furnishing evidence, or proof of the assertions accuracy.

Question 8

Define Matter of Fact

Answer 8

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

Question 9

Define Opinion

Answer 9

As outlined in the Evidence Act 2006. Opinion in relation to a statement offered in evidence means a statement of opinion that tends to prove or disprove a fact.

Question 10

Explain when a statement of opinion is admissible in court

Answer 10

A witness may state an opinion in evidence in a proceeding if it enables the witness to communicate or the fact-finder to understand what the witness saw, heard or otherwise perceived.

Example: concerning identity, speed, physical/emotional state of a person, condition of clothing.

Expert evidence

Question 11

Define Belief

Answer 11

Belief is having faith in an idea or formulating a conclusion as the result of considering the available information

Question 12

Define Knowledge (as per Simester & Brookbanks)

Answer 12

Knowledge is knowing or correctly believing.
The belief must be correct, where the belief is wrong a person cannot know something.

Question 13

As per Element 1.3 In any judicial proceeding what does judicial proceeding mean?

Answer 13

Can be civil or criminal proceeding. Giving evidence via AVL from another location can still equate as perjury in NZ.

Question 14

Name three ways to give evidence?

Answer 14

1. In person (ordinary way)
2. (alternative way) CCTV, DVD, screens etc
3. In any other way provided for under this act or any other enactment.

Question 15

In relation to Element 1.4 ‘Forming part of the witness’ evidence in oath’. what does ‘oath’ mean?

Answer 15

An Oath is a declaration before a person (such as the registrar) who has authority to administer an oath, which invokes some religious belief and says that a thing is true or right.

Question 16

What does an Affirmation mean?

Answer 16

Verbal or written declaration before a person (such as a registrar) who has authority to administer an oath saying that a thing is true or right without any reference to religious belief

Question 17

What is a Declaration?

Answer 17

For a witness under 12 who can make a declaration (which is a promise to tell the truth).

Question 18

Element 1.6 which is ‘Intended to mislead the tribunal. Explain what ‘Intention to Mislead’ is meant by? Relates to the completion of the offence ‘Perjury’

Answer 18

Perjury is complete the moment the false evidence is given with the intention to mislead the tribunal.

The witness can’t retract what they have said later.

Question 19

Under Section 121 of the Evidence Act 2006 there is a segment about Corroboration. What offences do the Prosecution rely on for Corroboration?

Answer 19

Perjury
False Oaths
False Statements & Declarations
Treason

Question 20

Under s116 of the Crimes Act 1961 - Conspiring to Defeat Justice. Name the elements and Penalty

Answer 20

Conspiring to Defeat Justice
7 Years
1.1 Who conspires to
1.2 Obstruct, or Prevent, or Pervert or Defeat the course of justice

Question 21

What does it actually mean by Couse of Justice?

Answer 21

Course of Justice is not actually defined within the act. It extends to include the conduct intended to affect whether or not proceedings will ever be started (like discouraging a victim from pursing a complaint)

Question 22

Name some examples of misleading justice:

Answer 22

• Preventing a witness from giving evidence
• Intentionally giving Police false information to lead their enquiries astray.
• Threatening or Bribing jury members or witnesses
• Arranging a false alibi
• Assisting a wanted person to flee the country

Question 23

Corrupting Juries and Witnesses is explained in Section 117 of Crimes Act 1961 how many years is this?

Answer 23

7 years

Question 24

During the investigation procedure you should keep some general guidelines in mind. What might these be?

Answer 24

1. Conspiring to defeat the course of justice is both civil and criminal.
2. There is NO defence for s116 where the offenders aim was to secure the right result/one they believed was right.
3. If s116 if not able to meet the evidential threshold think of 117 (obstruct.pervert course of justice)
4. Perjury Prosecution can only commence from direction of the courts or Police commissioner however inquiries into the allegation can be done prior to this.
5. Complaints of Perjury can arise in two ways:
   - an individual might state someone else has perjured themselves OR A judge may direct an investigation to be conducted into the facts of a witnesses evidence.