Facing a perverting the course of justice charge?
Perverting the course of justice is a serious offence under section 319 of the Crimes Act 1900 (NSW). ED Legal provides advice and representation for these allegations across Sydney and NSW.
The alleged conduct can take many forms, including interference with evidence, false material, attempts to influence proceedings or other acts said to be intended to interfere with the administration of justice.
Request a free initial consultation
How we can help you
We can review the alleged act or omission, communications, documents, digital evidence, witness material and the underlying proceeding said to have been affected.
We can advise before a police interview, analyse whether the prosecution can prove the required intention, prepare a defended case and represent you through serious criminal proceedings.
Before speaking with police
If police are investigating alleged interference with a court or investigation, obtain legal advice before deciding whether to participate in an interview. The prosecution may rely heavily on communications and alleged admissions about intention.
Understanding section 319
Section 319 provides that a person who does an act, or makes an omission, intending in any way to pervert the course of justice is liable to imprisonment for 14 years.
The act or omission alleged
The prosecution must identify the conduct said to interfere with, or have a tendency to interfere with, the course of justice. The allegation should be examined in the context of the particular investigation, proceeding or administration of justice said to be affected.
Intention to pervert justice
The required intention is central. It is not enough simply to show conduct that had some connection with a proceeding; the prosecution must prove the relevant intent beyond reasonable doubt.
Related public justice offences
The Crimes Act contains other offences concerning evidence, false instruments, witnesses and jurors. The exact section charged matters because different offences have different elements and maximum penalties.
Defending a perverting justice charge
A defence may involve disputing the alleged conduct, authorship or identity, the effect or tendency of the conduct, or the prosecution case on intention.
Documents and communications should be read in full context. A prosecution inference about purpose may be contested by contemporaneous records or evidence explaining why conduct occurred.
Where the allegation concerns evidence or a witness, the chronology of the underlying proceeding can be critical.
These are serious charges and should be analysed against the exact particulars and evidence rather than broad descriptions of alleged interference.
How these matters progress through court
Perverting the course of justice is a serious indictable offence. We can explain the court process, prosecution brief and strategic decisions as the matter progresses.
If a plea is under consideration, obtain advice about the exact allegation and factual basis first. The nature and potential impact of the conduct can materially affect sentence.
Bail and restrictions
Serious public-justice allegations may lead to bail conditions restricting contact with witnesses or other people involved in the case. Those conditions must be followed unless changed by the court.
Tell us immediately if you are in custody or if conditions affect your work, family or ability to prepare the case.
Maximum penalty and sentencing
Section 319 carries a maximum penalty of 14 years imprisonment. Sentencing depends on the nature, persistence and sophistication of the conduct, the proceeding affected, any actual impact, prior history and personal circumstances.
Preparing to speak with a lawyer
Tell us the exact charge, the underlying proceeding or investigation, the court and next date, and whether any bail condition restricts contact. Preserve all relevant documents and communications.
For advice about a perverting the course of justice charge, contact ED Legal for a free initial consultation. You can also explore our broader criminal law services.
Sources
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
