Lecture Notes on Perjury

Overview of Perjury

• Definition: Perjury is essentially lying under oath.
• Commonality: Few perjury prosecutions despite the likelihood of its occurrence in many cases.
• Nature of Perjury: Involves a deliberate lie about something important to the case.

Understanding Perjury

• Not Just Falsehood: Simply saying something untrue under oath isn't perjury unless it is a knowing lie.
• Importance: The lie must be material; it could potentially change the outcome of the case.
• Public Interest: Prosecution is important for maintaining trust in the judicial system, but resources limit the extent of prosecution.

Legal Framework

• Perjury Act of 1911: Key legal document governing perjury.
  • Section 1: Main provision on perjury, triable on indictment with a max sentence of 7 years.
  • Subsections:
    • Subsection 1: Perjury is when someone knowingly makes a false material statement under oath.
    • Subsection 2: Covers proceedings in any judicial setting.
    • Subsection 3: Includes sworn statements made outside the tribunal.

Requirements for Perjury

• Lawfully Sworn: Evidence must be given on oath, either orally or through affidavits.
• Judicial Proceedings: Must be part of court, tribunal, or any proceeding where evidence on oath is considered.
• Material Statement: Statement must be important to the proceeding.
• Willful Intent: The false statement must be made deliberately, not accidentally.
• Corroboration Needed: Requires independent evidence to confirm the statement is false.

Key Considerations

• Stress and Mistakes: Stressful environments can lead to honest mistakes, which don't constitute perjury.
• Statements by Interpreters: Interpreters are also required to be truthful and can commit perjury.
• Examination of Evidence: Must have independent evidence to corroborate the falsehood.

Exam Tips

• Different Offences: Be aware of the separation between perjury and false statements not under oath.
• Materiality: Importance of the statement's content in affecting the outcome of a case.
• Importance of Corroboration: Not required for all aspects but essential for proving falsehood.

These notes focus on understanding the essentials of perjury and the conditions under which a statement can be considered perjury.