Section 319 Crimes Act 1900
Perverting the Course of Justice

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Perverting the Course of Justice is an offence under Section 319 of the Crimes Act 1900 (the Act), which carries a maximum penalty of 14 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You engaged in an act or made an omission, and
  2. By that act or omission, you intended to pervert the course of justice

Section 312 of the Act defines perverting the course of justice as, ‘obstructing, preventing, perverting or defeating the course of justice or the administration of law’.

Examples of the offence include:

  1. Attempting to bribe a police or judicial officer to avoid being prosecuted or punished
  2. Falsely swearing or declaring that another person was responsible for an offence
  3. Using another’s phone or email to manufacture a defence to a crime
  4. Encouraging or bribing another person to plead guilty to a crime they did not commit, or to provide a false alibi, or give false testimony in court.

Defences to the charge include:

  1. Duress,
  2. Necessity, and
  3. Self-defence

If you are going to court for the offence of Perverting the Course of Justice, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.

Read on for more information.

The Legislation

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