Public Justice Offences By Crystal and Meg

Public Justice Offences  Offences targeting interference with the administration of justice, judicial officers, jurors and witnesses; as well as perjury and the making of false statements.

Offences against justice committed by public officials  Where an offence against justice is committed by a public official, the Court of Criminal Appeal has consistently held the that the offender’s position is generally significant matter in aggravation  Police officers, solicitors, judicial officers, politicians

Interference in the administration of justice: Pt 7 Div 2 Crimes Act 1900  Section 314- False accusations :A person who makes an accusation intending a person to be the subject of an investigation of an offence, knowing that other person to be innocent of the offence, is liable to imprisonment for 7 years  Section 315- Hindering Investigation etc: prohibits any conduct that is intended in any way to hinder the investigation of, discovery of evidence in relation to, or apprehension of another for, a serious indictable offence  Section 316 (1)- concealing serious indictable offence: it is an offence for a person, knowing or believing that a serious indictable offence has been committed to fail without reasonable excuse to give information which might be of material assistance to police: s 316(1). A person who solicits or agrees to accept a benefit in consideration for doing anything that would be an offence under s 316(1) is also guilty of an offence: s 316(2).  Section 319- perverting the course of justice: 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

Perjury, False statements: Section 7 division 4  Section 87 of the Independent Commission Against Corruption Act 1988 (ICAC Act) provides that a person who, at a compulsory examination or public inquiry conducted by the Commission, gives evidence that is false or misleading in a material particular knowing it to be false or misleading, or not believing it to be true, is guilty of an indictable offence. The maximum penalty for the offence is 200 penalty units or imprisonment for 5 years, or both.  Seriousness of Offences: Any person who commits perjury or false swearing in the course of judicial proceedings or in proceedings such as a Royal Commission or an Independendent Commission Against Corruption (ICAC) inquiry should do so in the clear understanding that if their offence is detected, they will go to gaol except in exceptional circumstances  Motive as a relevant factor: An offence of perjury or false swearing will be of lower objective seriousness where it was motivated by threats rather than the offender’s own purposes

Other Corruption and Bribery Offences:  Part 4A: “Any offence of, or ancillary to, corrupt conduct on the part of any public official should be denounced plainly and punished condignly”