Canberra & the ACT · Court process
Perverting the course of justice in the ACT.
Perverting the course of justice is doing something intended to obstruct or defeat the justice system, such as interfering with evidence or a witness. In the ACT it sits in the Criminal Code 2002 and carries seven years. Intent is the central question.
- Pervert justice7 yearss 713 Criminal Code 2002 (ACT)
- CourtSupreme CourtIndictable
- ElementIntentTo obstruct or defeat justice
- ExamplesEvidence, witnessesFalse reports
The ACT offence.
The offence covers a range of conduct: interfering with evidence, pressuring or interfering with a witness, making a false report, or otherwise trying to defeat a proceeding. What ties it together is the intent to pervert the course of justice. Conduct without that intent is not this offence. A penalty unit is a fixed dollar amount set under the Legislation Act 2001 (ACT) and updated from time to time, so the dollar figure should be checked against the current value.
Penalties and where the matter is heard.
Perverting the course of justice is indictable and is tried in the ACT Supreme Court. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT), and the nature of the conduct and its effect on the proceeding bear on the outcome. It is treated seriously because it strikes at the justice system itself.
Defences and issues that matter.
Intent.
The offence requires an intent to pervert the course of justice. Where the conduct had another purpose, or the intent is not proved, the offence may not be made out.
Whether the conduct could pervert justice.
The conduct has to be capable of obstructing or defeating a proceeding. The nature and effect of the conduct are examined.
The account and the evidence.
These matters often rest on communications and the accounts of those involved, which are tested closely.
How the matter is run.
The work is to test the intent, to examine whether the conduct was really capable of perverting a proceeding, and to see what the communications actually show. These matters are prepared for trial in the Supreme Court, with counsel briefed where the matter calls for it.
Frequently asked.
What is perverting the course of justice in the ACT?
Engaging in conduct intending to obstruct, prevent or defeat the administration of justice, such as interfering with evidence or a witness or making a false report, under s 713 of the Criminal Code 2002 (ACT). It carries up to 7 years.
What is the penalty?
Up to 700 penalty units, 7 years imprisonment, or both. It is indictable and is tried in the ACT Supreme Court.
Does the conduct have to actually defeat a case?
No, but it has to be done with intent to pervert the course of justice and be capable of obstructing or defeating a proceeding. The intent is the central element.
What kinds of conduct are covered?
Interfering with evidence, pressuring or interfering with a witness, making a false report to police, and otherwise trying to defeat a proceeding, where done with the required intent.
Charged in the ACT, or facing a Supreme Court trial?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019