Introduction

In New South Wales, messing around with justice takes you into hot water, being a heavy-hitting crime that really shakes things up. The courts don’t mess about here and treat this offence like a kangaroo gone rogue, covering any action where someone tries to block or meddle with justice or the law itself. Because it’s such a big deal, getting the lowdown on what actions could land you in strife and what kind of trouble you could be in is super important.

This guide aims to provide clarity on the offence of perverting the course of justice in NSW, as defined under the Crimes Act 1900 (NSW). It will explore the definition of the offence, examples of actions that may lead to charges, potential penalties including the maximum penalty of 14 years imprisonment, and available defences. If you are facing charges related to this offence, seeking legal advice from experienced criminal lawyers is essential to navigate the complexities of your case.

What is Perverting the Course of Justice in NSW?

Definition and Seriousness of the Offence

Perverting the course of justice is a serious criminal offence in NSW and is considered to undermine the entire judicial system. This offence involves conduct that obstructs, prevents, perverts, or defeats the course of justice or the administration of the law.

The definition of this offence is outlined in section 312 of the Crimes Act 1900 (NSW). Section 319 of the Crimes Act 1900 (NSW) further specifies that a person who engages in any act or omission with the intention to pervert the course of justice is liable to imprisonment for a maximum penalty of 14 years. This significant penalty reflects the severity with which the justice system views actions that compromise its integrity.

To be found guilty of this offence, the prosecution must prove beyond a reasonable doubt that:

• The accused person performed an act or made an omission.
• The act or omission was done with the intention of perverting the course of justice.

Examples of Actions that Pervert the Course of Justice

Many actions can constitute perverting the course of justice. These actions interfere with the proper functioning of legal and judicial proceedings. Examples of such actions include:

• Providing false information: This can include giving a false statement to the police, providing false evidence in court, or falsely accusing someone of an offence. For instance, a witness giving a false statement to the police that wastes police investigation time can be considered perverting the course of justice.
• Tampering with evidence: Destroying, altering, or concealing evidence relevant to a legal matter falls under this offence. An example is tampering with evidence or using fabricated evidence with the intent to mislead a judicial tribunal in a proceeding.
• Intimidating or influencing witnesses: Pressuring or threatening witnesses to change their testimony or not give evidence at all is a serious example of perverting justice.
• Bribery and corruption: Attempting to bribe a police officer, judicial officer, or jury member is a clear instance of trying to pervert the course of justice.
• Fabricating alibis: Providing a false alibi for a suspect or encouraging someone to plead guilty to a crime they did not commit are also examples of this offence. Consider a scenario where a suspect asks someone to provide a false alibi to mislead investigators; this action could lead to charges for perverting the course of justice.
• Misleading a judicial tribunal: Using fabricated evidence with the intent to mislead a judicial tribunal in a proceeding is also considered perverting the course of justice.

These examples highlight the diverse range of actions that can be classified as perverting the course of justice, all of which share the common element of undermining the fair and proper administration of law.

Proving Intent: A Key Element of the Offence

The Need to Prove Intent

To be found guilty of the offence of perverting the course of justice in NSW, it is not enough to simply commit an act or omission that obstructs justice. The prosecution must prove beyond a reasonable doubt that when the person committed the act or omission, they intended to pervert the course of justice. This means that the intent to interfere with the administration of justice is a crucial element that the prosecution must establish to secure a conviction for this offence.

‘Specific Intent Offence’ Explained

Perverting the course of justice is considered a “specific intent offence”. This legal term means that the prosecution carries the burden of demonstrating that the accused person acted with a specific intention to bring about a particular outcome – in this case, to pervert the course of justice. Therefore, it is not sufficient for the prosecution to merely show that an act that perverted justice occurred; they must also prove that the person who committed the act did so with the specific intent to achieve that outcome.

Potential Penalties for Perverting the Course of Justice in NSW

Maximum Penalty of Imprisonment

In NSW, perverting the course of justice is regarded as a serious offence under section 319 of the Crimes Act 1900 (NSW). The legislation specifies that anyone found guilty of this offence is liable to a maximum penalty of 14 years imprisonment. This significant penalty reflects the seriousness with which the justice system views actions that undermine its integrity. The maximum penalty of 14 years imprisonment is reserved for the most severe instances of perverting the course of justice.

Alternative Penalties Available

While a maximum penalty of 14 years imprisonment exists for perverting the course of justice, NSW courts have several alternative penalties available. These alternative penalties allow the court to consider the specific circumstances of the offence and the offender when determining a suitable sentence. These alternative penalties to imprisonment include:

• Section 10 Dismissal: A court may grant a Section 10 dismissal, resulting in no conviction being recorded.
• Conditional Release Order (CRO): A CRO involves the offender being released on conditions for a specific period.
• Community Correction Order (CCO): A CCO requires the offender to participate in community service or other rehabilitative activities.
• Intensive Correction Order (ICO): An ICO is a more restrictive order that can include home detention, but is still served in the community rather than in prison.

When sentencing, the judge or magistrate will exercise judicial discretion, considering factors such as the details of the offence and the offender’s history to determine the most appropriate penalty from these options. It is important to seek legal advice from experienced criminal lawyers to understand potential penalties and navigate the complexities of sentencing.

Defences to Perverting the Course of Justice Charges

Lack of Intent as a Defence

A crucial defence against a charge of perverting the course of justice is demonstrating a lack of intent to pervert justice. For someone to be found guilty of this offence, the prosecution must prove beyond a reasonable doubt that the person not only committed an act or omission but also intended for that act or omission to pervert the course of justice. Therefore, even if an action might appear to obstruct justice, if it was done without the specific intention to do so, it can serve as a valid defence.

Perverting the course of justice is classified as a “specific intent offence”. This means that it is not enough for the prosecution to simply show that justice was perverted; they must also prove that the accused person specifically intended to bring about that outcome. If the accused did not have the intention to pervert the course of justice when they acted, this lack of intent can be a strong defence against the charge.

Defence of No Course of Justice to Pervert

Another defence available is to argue that the act or omission in question did not actually obstruct, pervert, prevent, or defeat the course of justice or the administration of the law. This defence focuses on whether the action taken genuinely interfered with judicial proceedings or the administration of justice. If the act in question did not have the effect of perverting justice, then this can be a viable defence.

For example, even if a person performed an act or made an omission, if it can be shown that this action did not, in reality, obstruct or defeat any legal or judicial process, then they may not be found guilty of the offence. This defence challenges whether the alleged conduct truly meets the threshold of perverting the course of justice.

Duress and Necessity as Defences

Duress and necessity can also serve as defences to perverting the course of justice charges. Duress applies when a person is forced to commit an act because of a fear for their safety. For instance, if someone is threatened and, due to that threat, performs an action that perverts the course of justice, they may be able to argue duress as a defence.

Necessity, on the other hand, involves a situation where a person acts to prevent a greater harm or dire consequences. In such cases, the person might argue that their actions, although technically perverting the course of justice, were necessary to avoid a more significant negative outcome. An example of duress could be a person in a domestic violence situation being coerced by their abusive partner to provide a false alibi.

Conclusion

Perverting the course of justice is a serious offence in NSW, carrying a maximum penalty of 14 years imprisonment under section 319 of the Crimes Act 1900 (NSW). This offence undermines the administration of justice, and the prosecution must prove beyond a reasonable doubt that the accused person acted with the specific intent to obstruct or defeat justice. Understanding the definition, potential penalties, and available defences is crucial if you or someone you know is facing such charges.

Given the complexities and serious implications of being charged with perverting the course of justice in NSW, seeking legal advice is essential. If you are facing such charges, we encourage you to contact our experienced criminal lawyers at Daoud Legal today to discuss your case and explore your defence options. Our team has unparalleled expertise in criminal law and is dedicated to providing you with the best possible legal representation.

Frequently Asked Questions