Below we outline the offence of Attempting to Pervert Justice as per the Criminal Code as well as what the police must prove, penalties you may face if found guilty of this crime, and legal defences.
For information and advice specific to your matter, it’s recommended you speak with a criminal defence lawyer as soon as possible. Call our 24 hour crime line now on 0488 999 980 for a free case evaluation or submit an enquiry online.
What the law says
Sections 140 of the Criminal Code Queensland states:
A person who attempts to obstruct, prevent, pervert or defeat the course of justice is guilty of a crime.
Some examples of this can include giving false information to the police, tampering with evidence, influencing or coercing witnesses, or asking someone to provide a false alibi.
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
The accused:
- The defendant did the conduct alleged in the indictment.
- That the conduct alleged in the indictment had the tendency to pervert the course of justice, i.e. turn it aside from its proper course;
The prosecution does not have to prove that the course of justice was perverted or would have been perverted. It is sufficient that the prosecution established that there was a real risk that injustice might result. - That the defendant intended to pervert the course of justice by his actions.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
Maximum penalty
The Maximum penalty for the offence of Attempting to Pervert Justice is 7 years imprisonment.
Which court will hear the matter
This matter is indictable which means it is dealt with in the District Court.
Possible defences
Possible defences to this offence include but are not limited to
- Necessity.
- Identification i.e. Not the accused.
- Honest and reasonable belief that the action would not have perverted the course of justice.
- Action was not intended to pervert the course of justice.
Get advice
If you’re facing a charge for attempting to pervert the course of justice, don’t delay in contacting us for advice and representation from our team of experienced criminal lawyers in Brisbane or the Gold Coast.