Haw. Pattern Jury Instr. (Criminal) 12.18A

PERJURY: H.R.S. §§ 710-1064, 710-1068

A. Defense

It is a defense to a prosecution for perjury, if the

Defendant retracted the falsification in the course of the same

proceeding before discovery of the falsification became known to

him/her.

"In the course of the same proceeding" includes separate

hearings at separate stages of the same official or

administrative proceeding but does not include any stage of the

proceeding after the close of the evidence.

The burden is upon the prosecution to prove beyond a

reasonable doubt that the Defendant did not retract the

falsification in the course of the same proceeding before

discovery of the falsification became known to him/her. If the

prosecution does not meet its burden, then you must find the

Defendant not guilty.

B. Not a Defense

It is not a defense to a prosecution for perjury, if:

[1. The Defendant was not competent, for reasons other

than lack of penal responsibility, to make the false statement

alleged;]

[2. The statement was inadmissible under the law of

evidence;]

[3. The oath was administered or taken in an irregular

manner;]

[4. The person administering the oath lacked authority to

do so, if the taking of the oath was required or authorized by

law.]