Under Part 7 of the Crimes Act 1900 (NSW) (‘the Act’) there are a number of offences relating to interfering with the administration of justice. Divisions 2 and 3 of Part 7 deal with interfering with the administration of justice, including making false accusations, hindering investigations, attempting to influence witnesses, judges and jurors or tampering with evidence.
‘Perverting the course of justice’ is defined by section 312 as obstructing, preventing, perverting or defeating the course of justice or the administration of the law.
It is an offence under section 319 of the Act to do any act, or make any omission, with intent to pervert the course of justice. This can include:
The maximum penalty for ‘perverting the course of justice’ is 14 years in prison.
Section 314 of the Act makes it an offence for a person to make an accusation intending to subject another person to an investigation for an offence, knowing the other person is innocent.
For a person to be found guilty, the prosecution must prove each of the following elements beyond reasonable doubt:
This offence carries a maximum penalty of seven years imprisonment.
Per Section 315 of the Act, it is an offence to hinder, in any way the investigation, discovery of evidence or apprehension of the offender in respect of a serious indictable offence, committed by another person.
A ‘serious indictable offence’ is one which carries a maximum penalty at least five years imprisonment.
Under this section, it is not an offence to refuse or fail to divulge information or produce evidence.
This offence carries a maximum penalty of 7 years imprisonment.
Section 315A makes it an offence to threaten someone with injury or detriment or to actually cause it, intending to influence the other person not to bring material information about an indictable offence to the attention of police or another appropriate authority.
‘Material information’ is defined by the Act as that which might lead to the arrest of a person, or their prosecution or conviction.
An indictable offence is one which can be tried in a higher court, such as the District Court. It typically attracts a maximum prison sentence of more than two years.
This carries a maximum penalty of 7 years imprisonment.
Per Section 317, it is an offence to intentionally mislead any court or tribunal by:
The maximum penalty that can be imposed is 10 years imprisonment.
Section 322 makes it an offence to threaten or actually cause any injury or detriment intending to influence:
The maximum penalty that can be imposed is 10 years imprisonment.
However, this can be increased to 14 years where the offence involves an intention to procure the conviction or acquittal of a defendant charged with a serious indictable offence.
If you or someone you know needs legal advice or representation for a criminal law matter, contact the team at Hamilton Janke Lawyers 24/7 by calling 4038 1666.
James Janke is founding partner at Hamilton Janke Lawyers, and has more then decade of experience as a Criminal Defence Lawyer. Admitted to both the Supreme Court of New South Wales and High Court of Australia
Going to court? Or maybe you just need advice? Contact us now.
© 2022 Hamilton Janke Lawyers Pty Ltd. All rights Reserved. Liability limited by a scheme approved under professional standards legislation