Perverting the Course of Justice | Section 319 Crimes Act 1900
Section 319 of the Crimes Act of 1900 says that changing the way justice is done is a crime that can get you up to 14 years in prison.
To prove the crime, the prosecution has to prove a number of facts beyond a reasonable doubt, and if they can't do that, the person is entitled to be set free.
There are also a number of ways to defend yourself in court if you are charged with the crime.
Read on to learn more about perverting the course of justice, including what it is, what the prosecution has to prove, what your options are, how you can defend yourself, and what the penalties are.
The Rules
What does it mean to change the way justice is done?
Under section 319 of the Crimes Act of 1900, it is illegal to try to get around the law.
In this part, it says that a person is guilty if:
Does something or doesn't do something, and does it or doesn't do it with the intent to change the way justice is done.
"Pervert the course of justice" is defined by Section 312 of the Crimes Act as "obstructing, preventing, perverting, or defeating the course of justice or the administration of the law."
Some examples of tampering with the course of justice are:
Trying to pay off a police officer or a judge to avoid being charged or punished,
Making a false oath or statement that someone else did something wrong
Using someone else's phone or email to make up a defence for a crime. Encouraging or paying someone to plead guilty to a crime they didn't commit, give a false alibi, or lie in court.
What is the punishment?
If you try to change the way justice is done, you can get up to 14 years in prison.
But it's important to remember that this is the maximum sentence that can be given and that the court can choose from any of the following:
Section 10: Order of Dismissal with Conditions
Fine Order for Community Service
Order for Strict Punishment
Less time in prison
What Does the Government Need to Show?
For someone to be found guilty of perverting the course of justice, the prosecution must prove beyond a reasonable doubt that each of the following "elements" of the crime were present:
The defendant did something or didn't do something, and he or she did it or didn't do it with the intent to get around the law.
If the prosecution can't prove each of these things to the required level, the case will be dropped.
How do you defend yourself?
In addition to having to prove each part of the crime, the prosecution must also refute any of the following defences if they are raised in a proper way:
Duress is when you were scared or forced to do something.
Necessity, in which the act was done to avoid danger, and Self-Defense, in which the act was done to protect yourself or someone else.
It must prove beyond a reasonable doubt that these defences don't work.
Your Choices in Court Not Guilty Plea
Before you can be found guilty of perverting the course of justice, the prosecution must prove beyond a reasonable doubt that:
You did something or didn't do something, and you did it or didn't do it with the intention of getting in the way of justice.
There are a number of ways to defend yourself against charges of perverting the course of justice.
The prosecution can't prove that you did something or didn't do something. They also can't prove that anything you did or didn't do was done with the intention of perverting the course of justice. You have a valid legal defence that the prosecution can't prove beyond a reasonable doubt.
If any of these things happen, you should not be found guilty of the crime.
A good lawyer will be able to write to the prosecution to try to get the case against you dropped, or they will fight to get it thrown out of court if it goes to a hearing or trial.
Taking the blame
You might decide to plead guilty to the crime if the evidence against you is very strong.
In that case, your lawyer might be able to talk with the police about the "facts" to make the crime less serious.
Your lawyer can also help you get materials that can be given to the court during your sentencing, such as a letter of apology, references from people who know you well, and any documents from therapists or doctors you have seen.
Together, these pieces of evidence and your lawyer's convincing arguments in court can help make sure you get the lightest sentence possible given the situation.
By pleading guilty early, you could get a "discount" of up to 25% on your sentence. This could mean that you get a less severe punishment, like a section 10 dismissal or a conditional release order, instead of a harsher one.
You will also save time, money, and stress by not having to go to a hearing or trial to defend yourself.
