Perverting the course of justice is a serious criminal offence that can carry significant consequences. This offence involves intentionally obstructing or interfering with the administration of justice or judicial proceedings. The offence is often committed to interfere with the outcome of a legal matter or to protect oneself or someone else from being found guilty of an offence.
Legal background and examples of perverting the course of justice
In New South Wales, perverting the course of justice is an offence under section 319 of the Crimes Act 1900. The offence is defined in section 312 of the Crimes Act:
To pervert the course of justice is to obstruct, prevent, pervert or defeat the course of justice or the administration of the law.
This broad definition captures a wide range of conduct, including:
- Destroying, altering or concealing evidence that could be relevant to a legal matter.
- Providing false or misleading information to police or other law enforcement agencies.
- Influencing or threatening witnesses to alter their testimony or to not give evidence at all.
- Falsely accusing someone else of a crime or providing false information to authorities to incriminate another person.
- Bribery of public officials or other individuals involved in the administration of justice.
Potential penalties
The offence of perverting the course of justice is considered a serious offence and can result in significant penalties. If found guilty of this offence, a person may face a maximum penalty of 14 years imprisonment. This penalty reflects the serious nature of the offence and the potential harm that it can cause to the justice system and the community.
The prosecution must prove beyond a reasonable doubt that the accused intentionally obstructed or interfered with the administration of justice.
Case examples
Many prosecutions for perverting the course of justice are made against those in positions of authority such as police officers and politicians. This is because their employment exposes them to situations where they may be able to influence legal proceedings, investigations, or other individuals in a manner which is inconsistent with the course of justice.
Some case examples are outlined below:
- In 2018, a former NSW Police officer was sentenced to two years in jail for perverting the course of justice after he fabricated a breath test result to help a friend avoid a drink driving charge.
- In 2020, a former NSW politician was sentenced to three years in jail for misconduct in public office and perverting the course of justice after he lobbied a public servant to rig a tender process for a retail lease.
- In 2016, a Sydney businessman was sentenced to two years in jail for insider trading and perverting the course of justice after he made trades based on confidential information and then tried to cover it up.
- In 2014, a former Detective Inspector was sentenced to six months in jail for perverting the course of justice after he lied to the Police Integrity Commission about his relationship with a prostitute.
- In 2012, a former police officer was sentenced to six years in jail for perverting the course of justice after he tipped off drug dealers about police raids and investigations.
What to do if you are charged with perverting the course of justice
The crime of perverting the course of justice is a serious offence that carries significant consequences. If you are facing charges related to this offence, it is important to seek legal advice from a criminal defence lawyer who is experienced in handling these types of cases.
With the right legal representation, you can ensure that your rights are protected and that you have the best possible chance of avoiding a conviction, or of receiving a lenient sentence.
Nyman Gibson Miralis provides expert advice and representation to clients charged with perverting the course of justice.
Contact us if you require assistance.
