Perjury

Definition

Giving evidence which one knows to be false during judicial proceedings

Requirements for perjury

1. The evidence must be given in judicial proceedings.

2. The statement must be definite and unequivocal.

   (If it’s ambiguous, and one interpretation would be true, the accused must get the benefit of the doubt.)

3. The mens rea is that the accused must know that the evidence she is giving is false.

4. The false statement must be relevant to the point at issue in the case, or to the credibility of the speaker as a witness.

What if a witness doesn’t remember the event their questioned on?

If this is true. clearly it will not constitute as perjury.

If it can be proved that she does remember, the statement can be prosecuted as perjury.

Subornation of perjury

Inducing someone to commit perjury

Subornation of perjury - How it’s done

Can be done by threat, by bribe or simple persuasion.

The witness must actually give the perjured evidence for the crime to be complete. Where an accused tries to suborn perjury but the witness tells the truth in court, or for some other reason, the perjured evidence is not given, the charge is attempted subornation of perjury.