Threatening or Intimidating Victims or Witnesses

In NSW, threatening or intimidating a victim or witness in an attempt to prevent them from providing material information to police or another authority is an offence. The offence specifically captures conduct whereby a person threatens to, or actually does, cause an injury or some other detriment to another person intending to influence that person not to provide material information to authorities. The material information must relate to an indictable offence.

Intimidation and threats to witnesses are seen most commonly in offences involving violence, particularly in domestic violence offences, or organised crime.

The offence carries a maximum penalty of 7 years imprisonment.

What is the Offence of Threatening or Intimidating Victims or Witnesses?

The offence of Threatening or Intimidating Victims or Witnesses is contained in section 315A of the Crimes Act 1900 (NSW) which states:

• A person who threatens to do or cause, or who does or causes, any injury or detriment to any other person intending to influence any person not to bring material information about an indictable offence to the attention of a police officer or other appropriate authority is liable to imprisonment for 7 years.

“Material information” means information that a person has that might be of material assistance in securing the apprehension of a person who has committed an indictable offence, or the prosecution or conviction of any such person.

An indictable offence including offences which are table 1, table 2 or strictly indictable offence. This captures any offence which carries a maximum penalty of a term of imprisonment of two years or more. Essentially, it is any offence except for summary offences. 

The following acts may constitute an offence of Threatening or Intimidating Victims or Witnesses:

• Telling your partner that they better not call the police otherwise you’ll take the kids after an altercation in which you slapped them and smashed their phone.
• Threatening to hurt a witness’s family members with the intention of causing the person to not provide evidence in a murder trial.
• Harassing an alleged victim of sexual assault on social media using fake accounts, including sending them messages to the effect that they ‘wanted it’ and they’re going to ‘cop it’ if they go through with the case.

What Must be Proven?

For a person to be found guilty of Threatening or Intimidating Victims or Witnesses the prosecution must prove each of the following matters beyond a reasonable doubt:

• That you did or caused or threatened to do or cause something to another person;
• The thing you did, caused or threatened was an injury or detriment to any other person;
• You intended to influence any person not to bring information to the attention of a police officer of any other appropriate authority;
• The information was material information; and
• The information related to an indictable offence. 

Which Court Will Hear the Matter?

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

Possible Defences to Threatening or Intimidating Victims or Witnesses

The following defences may be available for Threatening or Intimidating Victims or Witnesses:

• You didn’t do, cause or threaten to do or cause something to another person;
• you didn’t cause or threaten an injury or detriment to another person;
• You didn’t intend to influence the person not to bring information to the attention of a police officer or any other appropriate authority;
• The information you didn’t want brought to the attention of police or an appropriate authority was not material information; and
• The information did not relate to an indictable offence.

Common Questions about Threatening or Intimidating Victims or Witnesses

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 and any need to travel. It is important to get legal advice if you think an offence like this would impact your future. 

Will I go to Gaol?

Probably. While the offence is not very commonly prosecuted and proven, where it is a gaol sentence is the most likely outcome. 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.