Short Answer Perjury Flashcards
Admissibility of opinion evidence
Section 24, Evidence Act 2006
General admissibility of opinions
A witness may state an opinion in evidence 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
Intention to mislead - when is the offence of perjury complete
The offence of perjury is complete at the time the false evidence is given accompanied by an intention to mislead the tribunal. There is no defence where the witness later recants and informs the tribunal of the falsity of the earlier evidence given.
Corroboration - is it required
It is not necessary in a criminal proceeding for the evidence on which the prosecution relies to be corroborated, except with respect to the offences involving perjury, false oaths and false statements or declarations.
Justification for the requirement of corroboration
The justification for the corroboration requirement in the case of perjury is to protect witnesses from vexatious accusations of lying on oath. It is thought that making it too easy to prosecute someone for perjury might discourage people from giving evidence, which is undesirable.
Examples of misleading justice
· 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
Complaints of perjury may arise in two ways:
- An individual may complain that someone has perjured themselves.
- A Judge may state or direct in a court recommendation that the police
undertake inquiries into the truth of the evidence given by a witness.
When can you commence a prosecution for perjury?
where it is recommended by the courts or you are directed to do so by the Commissioner of Police.
