Perjury (Sections 108 and 109 Crimes Act 1961)
Charge 1: Perjury under sections 108 and 109 of the Crimes Act 1961
The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. This is called the standard of proof. It means you must be sure that each element is proved.
| 1. |
Are you sure that Mr Smith was a witness in a judicial proceeding in the [insert name of tribunal]? |
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If no, find Mr Smith not guilty. If yes, go to question two.
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| 2. |
Are you sure that Mr Smith made an assertion that Ms Jones threatened to kill him as part of his evidence on oath before [tribunal conducting the proceeding]? |
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If no, find Mr Smith not guilty. If yes, go to question three.
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| 3. |
Are you sure that the assertion made by Mr Smith was false? |
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If no, find Mr Smith not guilty. If yes, go to question four.
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| 4. |
Are you sure that at the time Mr Smith made the assertion, he knew that it was false? |
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If no, find Mr Smith not guilty. If yes, go to question five.
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| 5. |
Are you sure that, in making the assertion, Mr Smith intended to mislead [tribunal conducting the proceeding]? |
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If no, find Mr Smith not guilty. If yes, go to question six.
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| 6. |
Are you sure that Mr Smith intended to mislead [tribunal conducting the proceeding] on an issue [or issues] which Mr Smith believed was material to the proceeding? |
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“Material” means relevant. The issue relates to what Mr Smith thought was relevant, not to what anyone else thinks or thought was relevant. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.
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