What a Charge of Perverting the Course of Justice Means
Home / What a Charge of Perverting the Course of Justice Means
What does pervert the course of justice’ mean?
The phrase pervert the course of justice is defined in section 312 of the Crimes Act 1900 (NSW) as ‘obstructing, preventing, perverting or defeating the course of justice or the administration of the law.’
You are presumed to have perverted the course of justice if you:
- Made false accusations
- Hindered an investigation
- Threatened or intimidated victims or witnesses to a crime
- Concealed a serious indicatable offence
Below is a table with the types of offences you may be charged with and their maximum penalties.
| Offence | Crimes Act 1900 (NSW) | Maximum Penalty |
|---|---|---|
| False accusations ect | s314 | 7 years imprisonment |
| Hindering investigation ect | s315 | 7 years imprisonment |
| Threatening or intimidating victims of witnesses | s315A | 7 years imprisonment |
| Concealing serious indicatable offence | s316 | 5 years imprisonment For failure to bring information to the attention of NSW Police without reasonable excuse 7 years imprisonment For a person who solicits, accepts, or agrees to accept any benefit for the person who committed offence |
| Concealing child abuse offence | s316A | 5 years imprisonment For failure to bring information to the attention of NSW Police without reasonable excuse 7 years imprisonment For a person who solicits, accepts, or agrees to accept any benefit for the person who committed offence |
| Tampering ect with evidence | s317 | 10 years imprisonment |
| Making or using false instrument to pervert the course of justice | s318 | 14 years imprisonment |
| General offence of perverting the course of justice | s319 | 14 years imprisonment |
What are defences to a charge of perverting the course of justice?
On a case-by-case basis, our criminal lawyers at the Australia Legal Practice may be able to defend a charge of police pursuit if:
For example:-
- No intention – Your actions were not intended to pervert the course of justice.
- Self-defence – Your actions were in the protection of yourself or another (including property), resulting in self-defence.
- Duress – The threats of another party forced you to act in a certain way, equating to duress.
- Necessity – It can be proved your actions were in necessity to prevent an ensuing greater harm.
Options when charged with perverting the course of justice
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a charge of perverting the course of justice is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in criminal charges. We provide tailored advice and are armed with the right knowledge to fight your case.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
ONLINE ENQUIRY
Make a booking to arrange a free consult today.
Location
Call A Lawyer NOw
AVAILABLE 24/7