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Office Number: (03) 9077 4834 | After Hours Number: 0434 701 484
Office Number: (03) 9077 4834
After Hours Number: 0434 701 484

Perverting or attempting to pervert the course of justice

If you have been charged with Perverting the Course of Justice or Attempting to Pervert the Course of Justice, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.

Elements of the offences

For the prosecution to prove the offences of Perverting the Course of Justice or Attempting to Pervert the Course of Justice, they must prove beyond a reasonable doubt all of the elements of the offence charged, both of which are Common Law offences and the elements of each are as follows:

  • Perverting the course of justice:
    • The accused engaged in conduct that did pervert the course of justice, and
    • The accused intended that the conduct pervert the course of justice.
  • Attempting to pervert the course of justice:
    • The accused engaged in conduct that had a tendency to pervert the course of justice, and
    • The accused intended that the conduct pervert the course of justice.

Will I have to go to court?

Charges for Perverting the Course of Justice or Attempting to Pervert the Course of Justice are dealt with in the County or Supreme Court.  Expert legal advice is important in ensuring the most appropriate defence to one of these charges.

Once the case goes to court, it is up to the prosecution to prove all the elements of the offence they have charged. It is important that you seek expert legal advice to prepare a defence and to represent you in court as both these offences carry a significant maximum sentence of imprisonment.

Maximum penalty:

The maximum penalty for each of these offences is 25 years imprisonment.

What sentences are usually given?

Between 1 July 2016 to 30 June 2021, 120 people were sentenced for Attempting to Pervert the Course of Justice in the higher courts, with 56.7% (68 people) sentence to imprisonment and 36.7% (44 people) sentenced to a Community Corrections Order.

What do I do?

To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.

Contact our office today to speak to an accredited criminal law specialist, on (03) 9077 4834 or at admin@emmaturnbull.com.au