Criminal Lawyers for Preventing, Obstructing or Dissuading Witnesses or Jurors from Attending Court | Section 325 Crimes Act 1900

Preventing, obstructing or dissuading a witness or juror from attending judicial proceedings is an offence under section 325 of the Crimes Act 1900.

Preventing, obstructing or dissuading a witness

Section 325(1) states that a person is guilty of preventing, obstructing or dissuading a witness if he or she:

1. Prevents, obstructs or dissuades a person called as a witness in judicial proceedings from attending as a witness or producing anything in evidence under a summons or subpoena,
2. Does so wilfully (ie intentionally), and
3. Does not have a lawful excuse for the conduct.

A ‘judicial proceeding’ is one in or before which a judicial tribunal can take evidence under oath.

A ‘judicial tribunal’ is any person, including a coroner or arbitrator, or any court or other body authorised by law or by the consent of the parties to conduct a hearing to determine any matter or thing.

Preventing, obstructing or dissuading a person you believe may be called as a witness

Section 325(1A) states that a person is guilty of preventing, obstructing or dissuading a person who it is believed may be called as a witness from attending judicial proceedings if he or she:

1. Believes a person may be called as a witness in judicial proceedings,
2. Prevents, obstructs or dissuades the person from attending the proceedings,
3. Does so wilfully (ie intentionally), and
4. Does not have a lawful excuse for the conduct.

Preventing, obstructing or dissuading a juror

Section 325(2) states that a person is guilty of preventing, obstructing or dissuading a person summoned as a juror from attending judicial proceedings if he or she:

1. Prevents, obstructs or dissuades a person summoned as juror from attending judicial proceedings,
2. Does so wilfully (ie intentionally), and

Does not have a lawful excuse for the conduct.

The maximum penalty for preventing, obstructing or dissuading a witness or juror from attending judicial proceedings is 5 years in prison.

However, is important to bear in mind that this is the maximum sentence that can be imposed, and that the court can apply any of the following penalties for the offence:

• Section 10 Dismissal
• Conditional Release Order
• Fine
• Community Correction Order
• Intensive Correction Order
• A shorter prison term

It is important to bear in mind that, at all times, the prosecution bears the onus of each specific ‘element’ (or ingredient) of the specific offence under section 325 beyond all reasonable doubt.

Preventing, obstructing or dissuading a witness

For a person to be found guilty of preventing, obstructing or dissuading a witness from attending judicial proceedings under section 325(1), the prosecution must establish each of the following ‘elements’ (or ingredients) of the offence beyond reasonable doubt:

1. The defendant prevented, obstructed or dissuaded a person called as a witness in judicial proceedings from attending as a witness or producing anything in evidence under a summons or subpoena,
2. The defendant did so wilfully (ie intentionally), and
3. The defendant did not have a lawful excuse for the conduct.

The prosecution will fail if it cannot prove each of these elements to the required standard.

Preventing, obstructing or dissuading a person you believe may be called as a witness

For a person to be found guilty of preventing, obstructing or dissuading a person who it is believed may be called as a witness from attending judicial proceedings under section 325(1A), the prosecution must establish each of the following ‘elements’ (or ingredients) of the offence beyond reasonable doubt:

1. The defendant believed a person may be called as a witness in judicial proceedings,
2. The defendant prevented, obstructed or dissuaded that person from attending the proceedings,
3. The defendant did so wilfully (ie intentionally), and
4. The defendant did not have a lawful excuse for the conduct.

Preventing, obstructing or dissuading a juror

For a person to be found guilty of preventing, obstructing or dissuading a juror in judicial proceedings under section 325(2), the prosecution must establish each of the following ‘elements’ (or ingredients) of the offence beyond reasonable doubt:

1. The defendant prevented, obstructed or dissuaded a person summoned as juror from attending judicial proceedings,
2. The defendant did so wilfully (ie intentionally), and
3. The defendant did not have a lawful excuse for the conduct.

In addition to the requirement to prove each element of the offence, the prosecution must also disprove any of the following defences if properly raised:

• Duress, which is where you were threatened or coerced,
• Necessity, where the act was necessary to avert danger, and
• Self-defence, where you engaged in the act to defend yourself or another

It must disprove any such defences beyond all reasonable doubt.

It is important in bear in mind that the burden of proving guilt beyond reasonable doubt always rests on the prosecution, and that the prosecution must disprove any valid legal defence raised on the evidence before the court.

Preventing, obstructing or dissuading a witness

Before you can be found guilty of preventing, obstructing or dissuading a witness from attending judicial proceedings under section 325(1), the prosecution must prove beyond reasonable doubt that:

1. You prevented, obstructed or dissuaded a person called as a witness in judicial proceedings from attending as a witness or producing anything in evidence under a summons or subpoena,
2. You did so wilfully, and
3. You did not have a lawful excuse for your conduct.

There are a number of ways to defend an accusation of preventing, obstructing or dissuading a witness from attending judicial proceedings, including raising the fact that:

1. The prosecution cannot prove you engaged in conduct against witness called in judicial proceedings,
2. The prosecution cannot prove your conduct tended to prevent, obstruct or dissuaded the witness from attending judicial proceedings,
3. The prosecution cannot prove you intended by your conduct to prevent, obstruct or dissuaded the witness from attending judicial proceedings, or
4. You have a valid legal defence which the prosecution is unable to disprove beyond a reasonable doubt.

If any of these matters prevail, you must be found not guilty of the offence.

Preventing, obstructing or dissuading a person you believe may be called as a witness

Before you can be found guilty of preventing, obstructing or dissuading a person you believe may be called as a witness from attending judicial proceedings under section 325(1A), the prosecution must prove beyond reasonable doubt that:

1. You believed a person may be called as a witness in judicial proceedings,
2. You prevented, obstructed or dissuaded that person from attending the proceedings,
3. You did so wilfully (ie intentionally), and
4. You did not have a lawful excuse for the conduct.

There are a number of ways to defend an accusation of preventing, obstructing or dissuading a person you believe may be called as a witness from attending judicial proceedings, including raising the fact that:

1. The prosecution cannot prove you believed a person may be called as a witness in judicial proceedings,
2. The prosecution cannot prove you prevented, obstructed or dissuaded that person from attending the proceedings,
3. The prosecution cannot prove you did so wilfully (ie intentionally), or
4. The prosecution cannot prove you did not have a lawful excuse for the conduct.
5. You have a valid legal defence which the prosecution is unable to disprove beyond a reasonable doubt.

If any of these matters prevail, you must be found not guilty of the offence.

Preventing, obstructing or dissuading a juror

Before you can be found guilty of preventing, obstructing or dissuading a juror from attending judicial proceedings under section 325(2), the prosecution must prove beyond reasonable doubt that:

1. You prevented, obstructed or dissuaded a person summoned as juror from attending judicial proceedings,
2. You did so wilfully (ie intentionally), and
3. You did not have a lawful excuse for you conduct.

There are a number of ways to defend an accusation of preventing, obstructing or dissuading a juror from attending judicial proceedings, including raising the fact that:

1. The prosecution cannot prove you prevented, obstructed or dissuaded a person summoned as juror from attending judicial proceedings,
2. The prosecution cannot prove you did so wilfully (ie intentionally),
3. The prosecution cannot prove you did not have a lawful excuse for you conduct, or
4. You have a valid legal defence which the prosecution is unable to disprove beyond a reasonable doubt.

If any of these matters prevail, you must be found not guilty of the offence.

A good lawyer will be able to make written submissions to the prosecution with a view to having the case against you withdrawn, or fight to have it thrown out of court if it proceeds to a defended hearing or trial.

Where the prosecution evidence is very strong, you may decide to plead guilty to the offence.

In that case, your lawyer may be able to negotiate the police ‘facts’ to reduce the seriousness of the offence.

Your lawyer can also guide you on obtaining materials which can be handed-up to the court during your sentencing – including a letter of apology, character references and any documents from counsellors or health care professionals you have consulted.

These materials, together with persuasive verbal submissions by your lawyer in the courtroom, can help to ensure you receive the most lenient penalty that is possible in the circumstances.

By pleading guilty at an early stage, you will also be entitled to a ‘discount’ of up to 25% on your sentence – which can lead to a less serious type of penalty being imposed; for example, a section 10 dismissal or a conditional release order rather than a more serious penalty.

You will also be spared the time, expense and stress of a defended hearing or trial.

A ‘judicial tribunal’ is any person, including a coroner or arbitrator, or any court or other body authorised by law or by the consent of parties, which may conduct a hearing to determine any matter or thing.

This is a broad definition which applies to all courts, tribunals, arbitrations, commissions and the coroner’s court.

A ‘judicial proceeding’ is any proceeding in or before a judicial tribunal in which evidence may be taken on oath.

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.

Here are 12 reasons to choose our multi-award winning legal team:

1. Proven Track Record of Exceptional Results

   Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

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   We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

   Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

2. Highest Level of Client Satisfaction

   We have the best and most comprehensive client review record of any law firm in Australia.

   Regular communication, accessibility and quality service are our team’s highest priorities.

   We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.

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3. Australia’s Most Awarded Criminal Law Firm
   

   We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

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4. Fixed Fees
   

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   We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.

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5. Free First Appointment
   

   For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

   We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.

6. Specialist Lawyer Guarantee
   

   We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

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7. All NSW Courts
   

   From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

   And we offer fixed fees for most criminal and traffic law cases throughout the state.

8. Accredited Specialists

   Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

   All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

   An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

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   Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.

9. Results-Focused Law Firm
   

   Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.

   The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.

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10. Team of Lawyers Behind You
    

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12. Convenience
    

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    • the Sydney CBD, on Castlereagh Street, directly opposite Downing Centre Court,
    • Parramatta, opposite the Justice Precinct carpark,
    • Liverpool, and
    • Sutherland.

    We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.

    For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.

    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.