alioop
Verified Attorney (AU)
- Joined
- Jul 19, 2012
- Messages
- 2,132
- Reaction score
- 4
My apologies for the obscurity. Also I so appreciate your legal knowledge here.
Question was this, if a person is put on the stand, can they be made to answer questions such as:
Did you take the phone?
What did you do with it?
Where is it now? Why did you take the phone?
Where exactly were you at between 11pm 19 April and 6.00am 20 April 2012?
And what exactly were doing during those hours?
Yes they can be asked these questions. There may be varying answers given. for eg
Did you take the phone- NO- ( if true then no repercussions, if false then they may later and maybe a lot later like weeks, months or years, be charged with the crime of perjury if there is sufficient evidence to do so.)
or Did you take the phone- I REFUSE TO ANSWER ON THE GROUNDS IT MAY INCRIMINATE ME- then the magistrate has to decide if they have to answer the question or not. If they are directed by the magistrate to answer the question and refuse to then they can be held in contempt of court and punished. See my previous post about contempt that Marly found below.
Hi again Alioop. I would like to please ask this question if I may:
What are the repercussions about lying under oath.
Reason for asking is this:
It appears apparent that the accused is a Liar. Pure and simple.
(Don't know about his family.)
It also appears that the accused would give the answer that carries the most lenient sentence. Truthful, half truthful or a deliberate lie. Whichever comes cheapest.
I don't believe that GBC will testify in his own defence if committed for trial, as it then means he can be cross examined and that would be very risky for him. Remember he doesn't have to prove anything, the onus of proof is completely on the prosecution. If he doesn't give evidence, he can't lie as he won't open his mouth. The questions you raise about lying under oath, are more applicable to the other witnesses whether they be prosecution or defence witnesses.
Perjury is a crime punishable by a maximum of 14 years prison.
CRIMINAL CODE - SECT 123
123 Perjury
(1) Any person who in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then depending in that proceeding, or intended to be raised in that proceeding, is guilty of a crime, which is called perjury.
(2) It is immaterial whether the testimony is given on oath or under any other sanction authorised by law.
(3) The forms and ceremonies used in administering the oath or in otherwise binding the person giving the testimony to speak the truth are immaterial, if the person assents to the forms and ceremonies actually used.
(4) It is immaterial whether the false testimony is given orally or in writing.
(5) It is immaterial whether the court or tribunal is properly constituted, or is held in the proper place, or not, if it actually acts as a court or tribunal in the proceeding in which the testimony is given.
(6) It is immaterial whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceeding or not.
(7) The offender can not be arrested without warrant.
There is also a crime of fabrication of evidence
126 Fabricating evidence
(1) Any person who, with intent to mislead any tribunal in any judicial proceeding—
(a) fabricates evidence by any means other than perjury or counselling or procuring the commission of perjury; or
(b) knowingly makes use of such fabricated evidence;
is guilty of a crime, and is liable to imprisonment for 7 years.
(2) The offender can not be arrested without warrant.
So lying and fabricating evidence are serious crimes with serious penalties. Of course if someone is charged with these offences, it has to be proven beyond reasonable doubt that they are guilty.
Let me know if this isn't the one & I'll have another look.
Websleuths Crime Sleuthing Community - View Single Post - Allison Baden-Clay - GENERAL DISCUSSION THREAD #39
Thought I'd add this post of yours in as well as it includes link to the "Going To Court" booklet which some members may like to read.
Websleuths Crime Sleuthing Community - View Single Post - Allison Baden-Clay - GENERAL DISCUSSION THREAD #35
http://www.justice.qld.gov.au/__data/assets/pdf_file/0011/30620/GoingToCourt_booklet.pdf
Thanks for finding those Marly. The first link is the one I was thinking of regarding the issue of being in contempt of court for not answering a question if directed to by the judge.