Offences Against Public Justice
Being charged with an offence against public justice can be difficult to understand and navigate independently whilst ensuring you receive the best outcome. Our experienced team of criminal lawyers strives to put clients first, listening to your needs and assisting you with this process. We will review the allegations made against you, examine your options, and advise you of the steps you should take for your particular issue.
Please see below for more information on the offence that relates to you. If you have any further questions or want to discuss your situation with proficient and experienced lawyers, contact our team at (02) 9060 9799 or email our Principal Lawyer at samuel@saslawyers.com.au.
Offences Against Public Justice
Contempt of Court
Contempt of court is an offence under section 24 of the Local Court Act 2007 (NSW), section 199 of the District Court Act 1973 (NSW), and part 55 of the Supreme Court Rules 1970 (NSW). Contempt of the court is the offence of any behaviour that inhibits the court process. It is an act that interferes with or has a tendency to interfere with the administration of justice. This includes behaviour against the authority or performance of the court or those that are participating in court proceedings.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You engaged in conduct that interferes with or undermines the authority or performance of the court or those that are participating in court proceedings
You did so in or near the courtroom
You intended to do the conduct
The Prosecution does not have to prove that you intended to interfere with the administration of justice only that you did the act which was deemed to be contempt.
Examples
Examples of conduct that may be deemed as contempt of court include:
Wilfully interrupting, disrupting, or obstructing a court proceeding
Prolonged swearing and yelling at a Magistrate or Judge
Refusing to leave the courtroom after being directed to do so
Disobeying important court orders like being required to produce evidence or failing to take an oath or affirmation
Obstructing, hindering, or unlawfully obstructing a person that is attending court
Contempt charges are of ‘last resort’ and are not imposed unless completely necessary, this means that other options would be imposed before resorting to this specific charge. This can include a given warning or directing a person to leave the courtroom.
Maximum Penalties
The maximum penalty is a fine of 20 penalty units ($2,200) or 28 days imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your particular offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available for this charge can include:
You were defending yourself or another person or your property (Self-Defence)
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
Disrespectful Behaviour in Court
Disrespectful behaviour in court is an offence under section 24A of the Local Court Act 2007 (NSW), section 200A of the District Court Act 1973 (NSW), and section 131 of the Supreme Court Rules 1970 (NSW). Disrespectful behaviour towards established court practice and convention. Behaviour includes any act or failure to act.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You are an accused person or defendant in, or a party to, proceedings before the Court, or you have been called to give evidence in proceedings before the Court and
You intentionally engaged in behaviour in the Court during the proceedings and
That behaviour was disrespectful to the Court or the Magistrate presiding over the proceedings
This Section Does Not Apply to:
An Australian legal practitioner appearing in that capacity
A police prosecutor or other public official who is responsible for the conduct of the prosecution, but only when acting in that capacity
What is Disrespectful Conduct?
The legislation does not define disrespectful conduct but it relates to conduct that goes against established court practice and convention. Court practice and convention can include:
Abstaining from the use of offensive language or profanity. That is unless required as part of the evidence brought to the court.
Standing and bowing to the presiding judicial officer.
Maximum Penalties
The maximum penalty is a fine of 10 penalty units ($1,100) or 14 days imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to this charge can include:
You were defending yourself or another person or your property (Self-Defence)
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
Hindering an Investigation
It is an offence under section 315 of the Crimes Act 1900 (NSW) to hinder an investigation. Hindering an investigation can be anything that you have done intentionally to stop or prevent the discovery of evidence, the arrest or apprehension of another person/s for a serious offence, or the investigation itself. A person must be generally aware of the primary nature of the offence to which they are intentionally hindering (R v El-Zeyat [2002] NSWCCA 138).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You intended in any way to hinder
the investigation of a serious indictable offence committed by another person, or
the discovery of evidence concerning a serious indictable offence committed by another person, or
the apprehension of another person who has committed a serious indictable offence
What is a Serious Indictable Offence?
A serious indictable offence is an offence punishable by a term of 5 years imprisonment or more.
Examples
Examples of hindering an investigation can include:
Lying to police officers to divert their investigation
Taking steps to hide evidence relating to the investigation
Maximum Penalties
The maximum penalty is 7 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to this charge can include:
You only refused or failed to produce evidence or information
You had no intention to hinder the investigation
The police officer did not have reasonable grounds to suspect that a person had committed an offence
You were defending yourself or another person or your property (Self-Defence)
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
Threatening or Intimidating Victims or Witnesses
It is an offence under section 315A of the Crimes Act 1900 (NSW) to threaten or intimate victims or witnesses. This includes acts towards any complainants or potential witnesses that can provide significant assistance to an investigation.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You threaten to do or cause or you do cause, any injury or detriment to any other person
You did so intending to influence any person not to bring material information about an indictable offence to the attention of a police officer or other appropriate authority
What is an Indictable Offence?
An indictable offence is an offence that can be dealt with in a District Court or higher and generally refers to offences that have a maximum penalty that is more than 2 years imprisonment.
What is Material Information?
Material information is information that a person has that might be of material assistance in securing the apprehension of a person who has committed an indictable offence, or the prosecution or conviction of any such person
Maximum Penalties
The maximum penalty is 7 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to this charge can include:
You were defending yourself or another person or your property (Self-Defence)
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
Concealing a Serious Indictable Offence
It is an offence under section 316 of the Crimes Act 1900 (NSW) to conceal a serious indictable offence. If you solicit, accept, or agree to accept any benefit for concealing a serious indictable offence you will be liable to harsher penalties under section 316(2) of the Crimes Act 1900 (NSW).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You knew or believed that a serious indictable offence had been committed by another person, and
You knew or believed that he or she had information that might be of material assistance in securing the apprehension of the offender or the prosecution or conviction of the offender for that offence, and
You failed, without reasonable excuse, to bring that information to the attention of a member of the NSW Police Force or other appropriate authority
What is a Serious Indictable Offence?
A serious indictable offence is an offence punishable by a term of 5 years imprisonment or more.
What is a Reasonable Excuse?
A person has a reasonable excuse for failing to bring information to the attention of a member of the NSW Police Force or other appropriate authority if:
the information relates to a sexual offence or a domestic violence offence against a person (the alleged victim), and
the alleged victim was an adult at the time the information was obtained by the person, and
the person believes on reasonable grounds that the alleged victim does not wish the information to be reported to the police or another appropriate authority
Or any other grounds that you believe would be reasonable.
Maximum Penalties
The penalty for the serious indictable offence that was concealed was less than 10 years imprisonment:
The maximum penalty is 2 years imprisonment
The penalty for the serious indictable offence that was concealed was more than 10 years imprisonment but not more than 20 years imprisonment:
The maximum penalty is 3 years imprisonment
The penalty for the serious indictable offence that was concealed was more than 20 years imprisonment:
The maximum penalty is 5 years imprisonment
The penalty for the serious indictable offence that was concealed for the purpose of a benefit was less than 10 years imprisonment:
The maximum penalty is 5 years imprisonment.
The penalty for the serious indictable offence that was concealed for the purpose of a benefit was more than 10 years imprisonment but not more than 20 years imprisonment:
The maximum penalty is 6 years imprisonment.
The penalty for the serious indictable offence that was concealed for the purpose of a benefit was more than 20 years imprisonment:
The maximum penalty is 7 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Defences
Some possible defences available to these charges can include:
You were soliciting, accepting, or agreeing to accept the making good of loss or injury caused by an offence or the making of reasonable compensation for that loss or injury
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
Concealing a Child Abuse Offence
It is an offence under section 316A of the Crimes Act 1900 (NSW) to conceal a child abuse offence. If you solicit, accept, or agree to accept any benefit for concealing a child abuse offence you will be liable to harsher penalties under section 316A(4) of the Crimes Act 1900 (NSW).
Reporting information about a child abuse offence will not constitute unprofessional conduct and will not be a breach of professional ethics. Reporting information about a child abuse offence will not make you subject to civil liability, for example, liability for defamation.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You knew or believed or reasonably ought to have known that a child abuse offence had been committed by another person, and
You knew or believed or reasonably ought to have known that he or she had information that might be of material assistance in securing the apprehension of the offender or the prosecution or conviction of the offender for that offence, and
You failed, without reasonable excuse, to bring that information to the attention of a member of the NSW Police Force or other appropriate authority
What is a Reasonable Excuse?
A person has a reasonable excuse for failing to bring information to the attention of a member of the NSW Police Force if:
the person believed on reasonable grounds that the information was already known to police, or
the person reported the information per the applicable requirements under Part 2 of Chapter 3 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) or Part 4 of the Children’s Guardian Act 2019 (NSW) or believed on reasonable grounds that another person had done so, or
Immediately before the repeal of Part 3A of the Ombudsman Act 1974 (NSW) by the Children’s Guardian Act 2019 (NSW), the person had reported the information to the Ombudsman under that Part, or believed on reasonable grounds that another person had done so, or
the person has reasonable grounds to fear for the safety of the person or any other person (other than the offender) if the information were to be reported to the police, or
the information was obtained by the person when the person was under the age of 18 years, or
the alleged victim was an adult at the time that the information was obtained by the person and the person believed on reasonable grounds that the alleged victim did not wish the information to be reported to police, or
the information was about an offence under section 60E that did not result in any injury other than a minor injury (for example, minor bruising, cuts, or grazing of the skin) and the alleged offender and the alleged victim were both school students who were under the age of 18 years, but only if the person was a member of staff of:
a government school and the person had taken reasonable steps to ensure that the incident reporting unit (however described) of the Department of Education was made aware of the alleged offence, or
a non-government school and the person had taken reasonable steps to ensure that the principal or governing body of the school was made aware of the alleged offence.
Or any other grounds that you believe would be reasonable.
Maximum Penalties
The penalty for the child abuse offence that was concealed was less than 5 years imprisonment:
The maximum penalty is 2 years imprisonment
The penalty for the child abuse offence that was concealed was 5 years imprisonment or more:
The maximum penalty is 5 years imprisonment
The penalty for the serious indictable offence that was concealed was more than 20 years imprisonment:
The maximum penalty is 5 years imprisonment
The penalty for the child abuse offence that was concealed for the purpose of a benefit was less than 5 years imprisonment:
The maximum penalty is 5 years imprisonment.
The penalty for the child abuse offence that was concealed for the purpose of a benefit was 5 years imprisonment or more:
The maximum penalty is 7 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to these charges can include:
You were soliciting, accepting, or agreeing to accept the making good of loss or injury caused by an offence or the making of reasonable compensation for that loss or injury
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
Tampering With Evidence
Tampering with evidence is an offence under section 317 of the Crimes Act 1900 (NSW).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You intended to mislead any judicial tribunal in any judicial proceeding and
You suppressed, concealed, destroyed, altered, or falsified anything knowing that it was or may have been required as evidence in any judicial proceeding, or
You fabricated false evidence (other than by perjury or suborning perjury), or
You knowingly made use of fabricated false evidence
Who is a Judicial Tribunal?
A judicial tribunal is a person (including a coroner or an arbitrator), court, or body authorised by law, or by consent of parties, to conduct a hearing for the determination of any matter or thing or to conduct a committal proceeding.
What is a Judicial Proceeding?
A judicial proceeding is a proceeding in or before a judicial tribunal in which evidence may be taken on oath.
Maximum Penalties
The maximum penalty is 7 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your particular offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Making or Using a False Official Instrument to Pervert the Course of Justice
It is an offence under section 318 of the Crimes Act 1900 (NSW) to make or use a false official instrument to pervert the course of justice.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You made a false official instrument or made a copy of an instrument that you knew was a false official instrument or
You used an instrument that you knew was a false official instrument or used a copy of an instrument that you knew was a false official instrument
You did so intending to induce another person to use it or accept the instrument as genuine or to accept the copy as a copy of a genuine official instrument and
That acceptance will pervert the course of justice
What is an Official Instrument?
An official instrument is an instrument of a kind that is made or issued by a person in his or her capacity as a public officer or by a judicial tribunal.
What is Perverting the Course of Justice
Perverting the course of justice can include obstructing, preventing, perverting, or defeating the course of justice or the administration of the law. This includes court or tribunal proceedings and police investigations.
Maximum Penalties
The maximum penalty is 14 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to this charge can include:
You were defending yourself or another person or your property (Self-Defence)
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
Perverting the Course of Justice
It is an offence under section 319 of the Crimes Act 1900 (NSW) to pervert the course of justice.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You did an act or made an omission and
You intended to do such an act or make such an omission intending to pervert the course of justice in any way
What is Perverting the Course of Justice
Perverting the course of justice can include obstructing, preventing, perverting, or defeating the course of justice or the administration of the law. This includes court or tribunal proceedings and police investigations.
Maximum Penalties
The maximum penalty is 14 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your particular offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to this charge can include:
You were defending yourself or another person or your property (Self-Defence)
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
Corruption of Witnesses or Jurors
Corrupting witnesses or jurors is an offence under section 321 of the Crimes Act 1900 (NSW). If you commit this offence intending to procure the conviction or acquittal of any person of any serious indictable offence you will be liable to an increased penalty under section 324 of the Crimes Act 1900 (NSW).
Section 321(1): Conferring or Procuring
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You conferred or procured or offered to confer or procure or attempted to procure any benefit on or for any person and
You did so intending to influence a witness in any judicial proceeding to give false evidence or withhold true evidence, or to not attend as a witness or not produce anything in evidence under a summons or subpoena, or
You did so intending to influence any person (whether or not a particular person) in the person’s conduct as a juror in any judicial proceeding or to not attend as a juror in any judicial proceeding, whether he or she has been sworn as a juror or not, and
You intended by doing so, to pervert the course of justice
Section 321(2): Soliciting, Accepting or Agreeing to Accept
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You solicited, accepted, or agreed to accept any benefit for yourself or any other person and
You did so with the intention for a witness in any judicial proceeding to give false evidence or withhold true evidence or not attend as a witness or not produce anything in evidence under a summons or subpoena, or
You did so as a juror in any judicial proceedings or for any other person who is a juror in any judicial proceeding to do or not do anything related to those proceedings or to not attend any judicial proceeding and
You intended by doing so, to pervert the course of justice
What is a Judicial Proceeding?
A judicial proceeding is a proceeding in or before a judicial tribunal in which evidence may be taken on oath. A judicial tribunal is a person (including a coroner or an arbitrator), court, or body authorised by law, or by consent of parties, to conduct a hearing for the determination of any matter or thing or to conduct a committal proceeding.
What is Perverting the Course of Justice?
Perverting the course of justice can include obstructing, preventing, perverting, or defeating the course of justice or the administration of the law. This includes court or tribunal proceedings and police investigations.
What is a Serious Indictable Offence?
A serious indictable offence is an offence punishable by a term of 5 years imprisonment or more.
Maximum Penalties
The maximum penalty is 10 years imprisonment.
For the purpose of procuring the conviction or acquittal of any person of any serious indictable offence:
The maximum penalty is 14 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your particular offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to this charge can include:
You were defending yourself or another person or your property (Self-Defence)
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
Intimidating Judges, Witnesses, Jurors, or Public Justice Officials
Threatening or intimidating judges, witnesses or jurors or any public justice officials is an offence under section 322 of the Crimes Act 1900 (NSW). If you commit this offence intending to procure the conviction or acquittal of any person of any serious indictable offence you will be liable to an increased penalty under section 324 of the Crimes Act 1900 (NSW).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You threatened to do or cause, or you did or caused, any injury or detriment to any person and
You intended to influence a person called or to be called as a witness in any judicial proceeding to give false evidence or withhold true evidence, or to not attend as a witness or not produce anything in evidence under a summons or subpoena, or
You intended to influence any person (whether or not a particular person) in the person’s conduct as a juror in any judicial proceeding or to not attend as a juror in any judicial proceeding, whether he or she has been sworn as a juror or not, or
You intended to influence any person in the person’s conduct as a judicial officer, or
You intended to influence any person in the person’s conduct as a public justice official in or in connection with any judicial proceeding
Who is a Judicial Officer?
A judicial officer is a person who is, or who alone or with others constitutes, a judicial tribunal and includes a coroner.
Who is a Public Justice Official?
A public justice official is a person who is a public officer employed in any capacity (other than as a judicial officer) for the investigation, detection, or prosecution of offenders.
What is a Serious Indictable Offence?
A serious indictable offence is an offence punishable by a term of 5 years imprisonment or more.
Maximum Penalties
The maximum penalty is 10 years imprisonment.
For the purpose of procuring the conviction or acquittal of any person of any serious indictable offence:
The maximum penalty is 14 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to this charge can include:
You were defending yourself or another person or your property (Self-Defence)
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
Influencing Witnesses or Jurors
Influencing witnesses or jurors is an offence under section 323 of the Crimes Act 1900 (NSW). If you commit this offence intending to procure the conviction or acquittal of any person of any serious indictable offence you will be liable to an increased penalty under section 324 of the Crimes Act 1900 (NSW).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You did an act
You did such act intending to procure, persuade, induce or otherwise cause any person called or to be called as a witness in any judicial proceeding to give false evidence or withhold true evidence or to not attend as a witness or not produce anything in evidence under a summons or subpoena, or
You did such act intending to influence any person (whether or not a particular person) in the person’s conduct as a juror in any judicial proceeding, whether he or she has been sworn as a juror or not
What is a Judicial Proceeding?
A judicial proceeding is a proceeding in or before a judicial tribunal in which evidence may be taken on oath. A judicial tribunal is a person (including a coroner or an arbitrator), court, or body authorised by law, or by consent of parties, to conduct a hearing for the determination of any matter or thing or to conduct a committal proceeding.
What is a Serious Indictable Offence?
A serious indictable offence is an offence punishable by a term of 5 years imprisonment or more.
Maximum Penalties
The maximum penalty is 10 years imprisonment.
For the purpose of procuring the conviction or acquittal of any person of any serious indictable offence:
The maximum penalty is 14 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your particular offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to this charge can include:
You were defending yourself or another person or your property (Self-Defence)
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
Preventing, Obstructing, or Dissuading Witnesses or Jurors from Attending Court
Preventing, obstructing, or dissuading witnesses or jurors from attending any judicial proceeding is an offence under section 325 of the Crimes Act 1900 (NSW).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You wilfully prevented, obstructed, or dissuaded a person called as a witness in any judicial proceeding from attending as a witness or from producing anything in evidence under a summons or subpoena or
You wilfully prevented, obstructed, or dissuaded another person that you believed was going to be called as a witness in any judicial proceeding from attending the proceeding or
You wilfully prevented, obstructed, or dissuaded a person summoned as a juror in any judicial proceeding from attending as a juror
And you did so without a lawful excuse
What is a Judicial Proceeding?
A judicial proceeding is a proceeding in or before a judicial tribunal in which evidence may be taken on oath. A judicial tribunal is a person (including a coroner or an arbitrator), court, or body authorised by law, or by consent of parties, to conduct a hearing for the determination of any matter or thing or to conduct a committal proceeding.
Maximum Penalties
The maximum penalty is 5 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your particular offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to this charge can include:
You were defending yourself or another person or your property (Self-Defence)
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
Reprisals Against Judges, Witnesses, Jurors or Public Justice Officials
Reprisals against a judge, witness, or public justice official is an offence under section 326 of the Crimes Act 1900 (NSW).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You threatened to do or cause, or you did cause, any injury or detriment to any person on account of anything lawfully done by a person:
as a witness or juror in any judicial proceeding, or
as a judicial officer, or
as a public justice official in or in connection with any judicial proceeding
or you threatened to do or cause, or you did cause, any injury or detriment to another person because you believed that the person would or might have been called as a witness or serve as a juror in any judicial proceeding
What is a Judicial Proceeding?
A judicial proceeding is a proceeding in or before a judicial tribunal in which evidence may be taken on oath. A judicial tribunal is a person (including a coroner or an arbitrator), court, or body authorised by law, or by consent of parties, to conduct a hearing for the determination of any matter or thing or to conduct a committal proceeding.
Who is a Judicial Officer?
A judicial officer is a person who is, or who alone or with others constitutes, a judicial tribunal and includes a coroner.
Who is a Public Justice Official?
A public justice official is a person who is a public officer employed in any capacity (other than as a judicial officer) for the investigation, detection, or prosecution of offenders.
Maximum Penalties
The maximum penalty is 10 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to this charge can include:
You were defending yourself or another person or your property (Self-Defence)
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
Perjury
Perjury is an offence under section 327 of the Crimes Act 1900 (NSW). If you commit this offence intending to procure the conviction or acquittal of any person of any serious indictable offence you will be liable to an increased penalty under section 328 of the Crimes Act 1900 (NSW).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You made any false statement on oath concerning any matter which is material to the proceeding and
You knew the statement to be false or did not believe that it was true
You did so in or in connection with any judicial proceeding
It is not relevant whether or not a judicial proceeding has commenced, or ever commences, in connection with it. The determination of whether a statement is material to a judicial proceeding that has not commenced is to be made based on any judicial proceeding likely to arise in connection with the statement. The question of whether any matter is material to a proceeding is a question of law
What is a Judicial Proceeding?
A judicial proceeding is a proceeding in or before a judicial tribunal in which evidence may be taken on oath. A judicial tribunal is a person (including a coroner or an arbitrator), court, or body authorised by law, or by consent of parties, to conduct a hearing for the determination of any matter or thing or to conduct a committal proceeding.
What is a Serious Indictable Offence?
A serious indictable offence is an offence punishable by a term of 5 years imprisonment or more.
Maximum Penalties
The maximum penalty is 10 years imprisonment.
For the purpose of procuring the conviction or acquittal of any person of any serious indictable offence:
The maximum penalty is 14 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your particular offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to this charge can include:
You were defending yourself or another person or your property (Self-Defence)
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
False Statement on Oath
To make a false statement under oath that does not amount to perjury is an offence under section 330 of the Crimes Act 1900 (NSW).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You made any false statement on oath
You knew the statement to be false or did not believe that it was true
The Prosecution is not required to prove that the statement was made in connection with judicial proceedings nor that the statement was material to a judicial proceeding. A material statement refers to a statement that was important to the facts that relevant to the issue at hand.
Maximum Penalties
The maximum penalty is 5 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your particular offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to this charge can include:
You were defending yourself or another person or your property (Self-Defence)
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
Contradictory Statements Given on Oath
Contradictory statements on oath are an offence under section 331 of the Crimes Act 1900 (NSW). If you are found guilty you will be liable to the maximum punishment of either the offence of perjury under section 327 of the Crimes Act 1900 (NSW) or a false statement under oath under section 330 of the Crimes Act 1900 (NSW).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You are on trial for an offence of perjury (section 327) or an offence of false statement on oath (section 330) and
You made 2 statements on oath and
The statements were irreconcilably in conflict with each other and
You knew one of the statements was false or did not believe that it was true
Maximum Penalties
Section 327: Perjury
The maximum penalty is 10 years imprisonment.
Section 330: False statement under oath
The maximum penalty is 5 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your particular offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to this charge can include:
You were defending yourself or another person or your property (Self-Defence)
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
Subornation of Perjury
Subornation of perjury is an offence under section 333 of the Crimes Act 1900 (NSW). If you commit this offence intending to procure the conviction or acquittal of any person of any serious indictable offence you will be liable to an increased penalty under section 333(2) of the Crimes Act 1900 (NSW).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You procured, persuaded, induced, or otherwise caused a person to give false testimony and
The false testimony would perjury
What is a Serious Indictable Offence?
A serious indictable offence is an offence punishable by a term of 5 years imprisonment or more.
Maximum Penalties
The maximum penalty is 7 years imprisonment.
For the purpose of procuring the conviction or acquittal of any person of any serious indictable offence:
The maximum penalty is 14 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to this charge can include:
You were defending yourself or another person or your property (Self-Defence)
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
False Statements in Evidence on Commission
Making a false statement under an order under the Evidence on Commission Act 1995 (NSW) is an offence under section 335 of the Crimes Act 1900 (NSW).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You gave any oral or written testimony in any circumstance except on oath
You were required to do so under section 33 of the Evidence on Commission Act 1995 (NSW)
The testimony was false in any material particular and
You knew the statement to be false or did not believe that it was true,
Maximum Penalties
The maximum penalty is 5 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to this charge can include:
You were defending yourself or another person or your property (Self-Defence)
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
False Entry Into a Public Register
False entry into a public register is an offence under section 336 of the Crimes Act 1900 (NSW).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You made a statement for the making of an entry in any register kept by a public officer for a public purpose, knowing the statement to be false or misleading in a material particular or
You made an entry in any register kept by a public officer for a public purpose, knowing the statement to be false or misleading in a material particular
You did so for an improper purpose
Maximum Penalties
The maximum penalty is 5 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to this charge can include:
You were defending yourself or another person or your property (Self-Defence)
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)