Perverting the Course of Justice (NSW)

In New South Wales, it is an offence to engage in an act or omission with the intention to pervert the course of justice. This captures conduct which is intended to obstruct, prevent or defeat the administration of the law or justice. 

The offence carries a maximum penalty of 14 years imprisonment.

What is the Offence of Perverting the Course of Justice?

The offence of Perverting the Course of Justice is contained in section 319 of the Crimes Act 1900 (NSW) which states:

A person who does any act, or makes any omission, intending in any way to pervert the course of justice, is liable to imprisonment for 14 years.

The following acts may constitute an offence of Perverting the Course of Justice:

• A Doctor giving a false medical certificate to a patient to assist them in misleading the Court and obtaining an adjournment of a Court matter on the basis they are medically unfit (when they are not so);
• A witness giving a false statement to police in which they lie and state the accused or suspected person was at home with them (giving them a false alibi) when they in fact know or believe the person was committing the crime; 
• A lawyer advising their clients to lie to police in order to avoid prosecution of themselves or others; and
• A person encouraging or bribing someone to withdraw a witness statement, complain to police or not show to Court to give evidence to try and get the accused person found not guilty.

What Must be Proven?

For a person to be found guilty of Perverting the Course of Justice, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• You did an act or made an omission;
• You did so with the intention of perverting the course of justice.

Which Court Will Hear the Matter?

This offence is Table 1 offence, which means the matter will be finalised in the Local Court either the Prosecution or the Accused can elect to have it dealt with in the District Court. 

Possible Defences to Perverting the Course of Justice

The following defences may be available:

• You didn’t do an act or omission;
• You didn’t intend to pervert the course of justice; and
• To raise duress or necessity as a defence.

Common Questions

Will I receive a criminal conviction?

Almost certainly. Where a person pleads guilty or is found guilty, a conviction and criminal record for this offence is highly likely. However, it remains possible to avoid a conviction. If a person was to plead not guilty and was acquitted, they would not receive a conviction. 

In NSW, a Court can impose any of the following penalties for this charge.

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what a person does for a living. This is particularly so if the person charged works in or adjacent to the legal industry. Some solicitors and police officers have been charged with this offence, and will typically lose their employment or ability to practice as a lawyer as a result. 

Will I go to Gaol?

About half of the people sentenced for this offence receive a full time custodial sentence. Whether a person will receive a Gaol sentence depends on many factors including whether they plead or are found guilty, the circumstances of the offence itself, any prior criminal history and the person’s own circumstances. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.