Whole title | Regulations | Historical versions | Historical notes | Search title | PDF
Crimes Act 1900 No 40
Current version for 8 July 2011 to date (accessed 9 January 2012 at 14:08)
| Part 7 |
Part 7 Public justice offences
Division 1 Definitions
311 Definitions
(1) In this Part:
benefit means any benefit or advantage whether or not in money or money’s worth.
judicial officer means a person who is, or who alone or with others constitutes, a judicial tribunal and includes a coroner.
judicial proceeding means a proceeding in or before a judicial tribunal in which evidence may be taken on oath.
judicial tribunal means a person (including a coroner and an arbitrator), court or body authorised by law, or by consent of parties, to conduct a hearing for the purpose of the determination of any matter or thing and includes a person, court or body authorised to conduct a committal proceeding.
public justice official means a person who is a public officer employed in any capacity (other than as a judicial officer) for the investigation, detection or prosecution of offenders.
(2) In this Part, a reference to the making of a statement on oath includes a reference to the verification of a statement on oath.
312 Meaning of “pervert the course of justice”
A reference in this Part to perverting the course of justice is a reference to obstructing, preventing, perverting or defeating the course of justice or the administration of the law.
313 Knowledge that offence is a serious indictable offence is unnecessary
If it is an element of an offence under this Part that an offence is a serious indictable offence, it is not necessary for the prosecution to establish that the accused knew that the offence was a serious indictable offence.
Division 2 Interference with the administration of justice
314 False accusations etc
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.
315 Hindering investigation etc
(1) A person who does anything intending in any way to hinder:
(a) the investigation of a serious indictable offence committed by another person, or
(b) the discovery of evidence concerning a serious indictable offence committed by another person, or
(c) the apprehension of another person who has committed a serious indictable offence,
is liable to imprisonment for 7 years.
(2) For the purposes of subsection (1), a person is to be considered to have committed a serious indictable offence if a public officer engaged in the detection or investigation of offenders suspects on reasonable grounds that a person has committed the offence.
(3) It is not an offence against this section merely to refuse or fail to divulge information or produce evidence.
315A Threatening or intimidating victims or witnesses
(1) A person who threatens to do or cause, or who does or causes, any injury or detriment to any other person intending to influence any person not to bring material information about an indictable offence to the attention of a police officer or other appropriate authority is liable to imprisonment for 7 years.
(2) In this section:
material information means information that a person has that might be of material assistance in securing the apprehension of a person who has committed an indictable offence, or the prosecution or conviction of any such person.
316 Concealing serious indictable offence
(1) If a person has committed a serious indictable offence and another person who knows or believes that the offence has been committed and that he or she has information which might be of material assistance in securing the apprehension of the offender or the prosecution or conviction of the offender for it fails without reasonable excuse to bring that information to the attention of a member of the Police Force or other appropriate authority, that other person is liable to imprisonment for 2 years.
(2) A person who solicits, accepts or agrees to accept any benefit for himself or herself or any other person in consideration for doing anything that would be an offence under subsection (1) is liable to imprisonment for 5 years.
(3) It is not an offence against subsection (2) merely to solicit, accept or agree to accept the making good of loss or injury caused by an offence or the making of reasonable compensation for that loss or injury.
(4) A prosecution for an offence against subsection (1) is not to be commenced against a person without the approval of the Attorney General if the knowledge or belief that an offence has been committed was formed or the information referred to in the subsection was obtained by the person in the course of practising or following a profession, calling or vocation prescribed by the regulations for the purposes of this subsection.
(5) The regulations may prescribe a profession, calling or vocation as referred to in subsection (4).
317 Tampering etc with evidence
A person who, with intent to mislead any judicial tribunal in any judicial proceeding:
(a) suppresses, conceals, destroys, alters or falsifies anything knowing that it is or may be required as evidence in any judicial proceeding, or
(b) fabricates false evidence (other than by perjury or suborning perjury), or
(c) knowingly makes use of fabricated false evidence,
is liable to imprisonment for 10 years.
318 Making or using false official instrument to pervert the course of justice
(1) In this section:
official instrument means an instrument of a kind that is made or issued by a person in his or her capacity as a public officer or by a judicial tribunal.
(2) A person who makes a false official instrument, or who makes a copy of an instrument which the person knows to be a false official instrument, with the intention that:
(a) he or she or another person will use it to induce another person to accept the instrument as genuine or to accept the copy as a copy of a genuine official instrument, and
(b) that acceptance will pervert the course of justice,
is liable to imprisonment for 14 years.
(3) A person who uses an instrument which the person knows to be a false official instrument, or who uses a copy of an instrument which the person knows to be a false official instrument, with the intention:
(a) of inducing another person to accept the instrument as genuine or to accept the copy as a copy of a genuine official instrument, and
(b) of thereby perverting the course of justice,
is liable to imprisonment for 14 years.
(4) Section 250 applies to the interpretation of this section.
319 General offence of 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.
Division 3 Interference with judicial officers, witnesses, jurors etc
320 Extended meaning of “giving evidence”
In this Division, a reference to the giving of evidence includes a reference to the production of anything to be used as evidence.
321 Corruption of witnesses and jurors
(1) A person who confers or procures or offers to confer or procure or attempt to procure any benefit on or for any person:
(a) intending to influence any person called or to be called as a witness in any judicial proceeding to give false evidence or withhold true evidence or to not attend as a witness or not produce anything in evidence pursuant to a summons or subpoena, or
(b) intending to influence any person (whether or not a particular person) in the person’s conduct as a juror in any judicial proceeding or to not attend as a juror in any judicial proceeding, whether he or she has been sworn as a juror or not, and intending to pervert the course of justice,
is liable to imprisonment for 10 years.
(2) A person who solicits, accepts or agrees to accept any benefit for himself or herself or any other person:
(a) in consideration for any agreement or undertaking that any person will as a witness in any judicial proceeding give false evidence or withhold true evidence or not attend as a witness or not produce anything in evidence pursuant to a summons or subpoena, or
(b) on account of anything to be done or omitted to be done by him or her or another person as a juror in any judicial proceeding, or on account of his or her or another person’s not attending as a juror in any judicial proceeding, intending to pervert the course of justice,
is liable to imprisonment for 10 years.
322 Threatening or intimidating judges, witnesses, jurors etc
A person who threatens to do or cause, or who does or causes, any injury or detriment to any person:
(a) intending to influence a person called or to be called as a witness in any judicial proceeding to give false evidence or withhold true evidence or to not attend as a witness or not produce anything in evidence pursuant to a summons or subpoena, or
(b) intending to influence any person (whether or not a particular person) in the person’s conduct as a juror in any judicial proceeding or to not attend as a juror in any judicial proceeding, whether he or she has been sworn as a juror or not, or
(c) intending to influence any person in the person’s conduct as a judicial officer, or
(d) intending to influence any person in the person’s conduct as a public justice official in or in connection with any judicial proceeding,
is liable to imprisonment for 10 years.
323 Influencing witnesses and jurors
A person who does any act:
(a) intending to procure, persuade, induce or otherwise cause any person called or to be called as a witness in any judicial proceeding to give false evidence or withhold true evidence or to not attend as a witness or not produce any thing in evidence pursuant to a summons or subpoena, or
(b) intending, other than by the production of evidence and argument in open court, to influence any person (whether or not a particular person) in the person’s conduct as a juror in any judicial proceeding, whether he or she has been sworn as a juror or not,
is liable to imprisonment for 7 years.
324 Increased penalty if serious indictable offence involved
A person who commits an offence against section 321, 322 or 323 (offences concerning interference with witnesses, jurors, judicial officers and public justice officials) intending to procure the conviction or acquittal of any person of any serious indictable offence is liable to imprisonment for 14 years.
325 Preventing, obstructing or dissuading witness or juror from attending etc
(1) A person who without lawful excuse wilfully prevents, obstructs or dissuades a person called as a witness in any judicial proceeding from attending as a witness or from producing anything in evidence pursuant to a summons or subpoena is liable to imprisonment for 5 years.
(1A) A person who without lawful excuse wilfully prevents, obstructs or dissuades another person who the person believes may be called as a witness in any judicial proceeding from attending the proceeding is liable to imprisonment for 5 years.
(2) A person who without lawful excuse wilfully prevents, obstructs or dissuades a person summoned as a juror in any judicial proceeding from attending as a juror is liable to imprisonment for 5 years.
326 Reprisals against judges, witnesses, jurors etc
(1) A person who threatens to do or cause, or who does or causes, any injury or detriment to any person on account of anything lawfully done by a person:
(a) as a witness or juror in any judicial proceeding, or
(b) as a judicial officer, or
(c) as a public justice official in or in connection with any judicial proceeding,
is liable to imprisonment for 10 years.
(2) A person who threatens to do or cause, or who does or causes, any injury or detriment to another person because the person believes the other person will or may be or may have been called as a witness, or will or may serve or may have served as a juror, in any judicial proceeding is liable to imprisonment for 10 years.
(3) For the purposes of this section, it is immaterial whether the accused acted wholly or partly for a reason specified in subsection (1) or (2).
Division 4 Perjury, false statements etc
327 Offence of perjury
(1) Any person who in or in connection with any judicial proceeding makes any false statement on oath concerning any matter which is material to the proceeding, knowing the statement to be false or not believing it to be true, is guilty of perjury and liable to imprisonment for 10 years.
(2) A statement can be considered to have been made in connection with a judicial proceeding whether or not a judicial proceeding has commenced, or ever commences, in connection with it.
(3) The determination of whether a statement is material to a judicial proceeding that has not commenced is to be made on the basis of any judicial proceeding likely to arise in connection with the statement.
(4) The question of whether any matter is material to a proceeding is a question of law.
328 Perjury with intent to procure conviction or acquittal
Any person who commits perjury intending to procure the conviction or acquittal of any person of any serious indictable offence is liable to imprisonment for 14 years.
329 Conviction for false swearing on indictment for perjury
If on the trial of a person for perjury the jury is not satisfied that the accused is guilty of perjury but is satisfied on the evidence that the accused is guilty of an offence under section 330 (False statement on oath not amounting to perjury) it may find the accused not guilty of the offence charged but guilty of the latter offence and the accused is liable to punishment accordingly.
330 False statement on oath not amounting to perjury
A person who makes on oath any false statement knowing the statement to be false or not believing it to be true, if it is not perjury, is liable to imprisonment for 5 years.
331 Contradictory statements on oath
If on the trial of a person for perjury or for an offence under section 330 (False statement on oath not amounting to perjury):
(a) the trier of fact is satisfied that the accused has made 2 statements on oath and one is irreconcilably in conflict with the other, and
(b) the trier of fact is satisfied that one of the statements was made by the accused knowing it was false or not believing it was true but the trier of fact cannot say which statement was so made,
the trier of fact may make a special finding to that effect and find the accused guilty of perjury or of an offence under section 330, as appropriate, and the accused is liable to punishment accordingly.
332 Certain technical defects provided for
If on the trial of a person for perjury or for an offence under section 330 (False statement on oath not amounting to perjury):
(a) any affidavit, deposition, examination or declaration offered in evidence is wrongly entitled or otherwise informal or defective, or
(b) the jurat to any such instrument is informal or defective,
the accused is not entitled to an acquittal because of the omission, defect or informality but the instrument (if otherwise admissible) may be given in evidence and used for all purposes of the trial.
333 Subornation of perjury
(1) A person who procures, persuades, induces or otherwise causes a person to give false testimony the giving of which is perjury is guilty of subornation of perjury and liable to imprisonment for 7 years.
(2) A person who commits subornation of perjury intending to procure the conviction or acquittal of any person of any serious indictable offence is liable to imprisonment for 14 years.
334 General provisions applicable to perjury and false statement offences
It is immaterial for the purposes of this Division:
(a) whether a statement on oath is given orally or in writing, or
(b) which forms and ceremonies are used in administering the oath (or otherwise binding the person giving the testimony to speak the truth) so long as the person assents to the forms and ceremonies actually used, or
(c) whether (in the case of a statement made in a judicial proceeding) the judicial tribunal concerned is properly constituted or held in the proper place or not, so long as it actually acts as a judicial tribunal in the proceeding in which the statement is made, or
(d) whether the person who makes the statement is a competent witness or not, or whether the statement is admissible in the proceeding or not, or
(e) in the case of judicial proceedings in an arbitration, whether the law governing the arbitration agreement or the proceedings, or any other relevant law, is or is not the law ofNew South Wales.
335 False statements in evidence on commission
If a person, in giving any testimony (either orally or in writing) otherwise than on oath, when required to do so by an order under section 33 (Power of the Supreme Court to give effect to application for assistance) of the Evidence on Commission Act 1995, makes any statement that is false in a material particular, knowing the statement to be false or not believing it to be true, is liable to imprisonment for 5 years.
336 False entry on public register
(1) A person who for an improper purpose makes a statement for the making of an entry in any register kept by a public officer for a public purpose, knowing the statement to be false or misleading in a material particular, is liable to imprisonment for 5 years.
(2) A person who for an improper purpose makes an entry in any register kept by a public officer for a public purpose, knowing the entry to be false or misleading in a material particular, is liable to imprisonment for 5 years.
337 False instruments issued by public officers
A public officer who, being authorised or required to issue an instrument whereby any person may be prejudicially affected, issues the instrument for an improper purpose knowing it to be false in a material particular is liable to imprisonment for 5 years.
338 Restrictions on prosecutions for perjury
(1) A person is not to be prosecuted for perjury except:
(a) by the Director of Public Prosecutions, or
(b) at the direction of the Attorney General, or
(c) by any other person with leave of the judicial officer who constituted the judicial tribunal before which the perjury is alleged to have been committed.
(2) If it is impossible or impracticable to apply for leave to prosecute in accordance with subsection (1) (c), the prosecution may be instituted with leave of the Supreme Court.
(3) A person is not to be prosecuted for perjury (except by the Director of Public Prosecutions or at the direction of the Attorney General) unless notice of the proposed prosecution has been given to the Director of Public Prosecutions.
339 Application of Division to perjury under other Acts
Any false oath declared by any Act to be perjury or made punishable as perjury by any Act is to be considered to be perjury for the purposes of this Act.
Division 5 Miscellaneous
340 Extent of abolition of offences
The offences at common law abolished by this Division are abolished for all purposes not relating to offences committed before the commencement of this Part (as substituted by the Crimes (Public Justice) Amendment Act 1990).
341 Certain common law offences abolished
The following offences at common law are abolished:
• the offence of perverting the course of justice,
• the offence of attempting or conspiring to pervert the course of justice,
• the offence of falsely accusing a person of a crime or of procuring a person to falsely accuse a person of a crime,
• the offence of concealing evidence so that a person is falsely accused of a crime,
• the offence of attempting to pervert the course of justice by assisting a person to avoid arrest,
• the offence of persuading a person to make a false statement to police to mislead them in their investigation,
• the offence of procuring a person to make a false accusation,
• the offence of misprision of felony,
• the offence of compounding a felony,
• the offence of dissuading, intimidating or preventing, or attempting to dissuade, intimidate or prevent, a person who is bound to give evidence in a criminal matter from doing so,
• the offence of using threats or persuasion to witnesses to induce them not to appear or give evidence in courts of justice,
• the offence of perjury,
• the offence of embracery (attempting to corrupt, influence or instruct a jury or to induce a jury to favour one side more than the other),
• personating a juror.
342 Certain conspiracy offences not affected
The abolition of the common law offence of conspiring to pervert the course of justice does not prevent a prosecution for an offence of conspiring to commit an offence against this Part.
343 Certain common law offences not abolished
To remove any doubt, it is declared that the following offences at common law are not abolished by this Division:
(a) the offence of escaping from lawful custody,
(b) the offence of assisting a person to escape from lawful custody,
(c) the offence of refusing to assist a peace officer in the execution of his or her duty in preventing a breach of the peace.
343A Saving of other punishments
Nothing in this Part prevents or affects any other punishment, or any forfeiture, provided under any Act.
InAustralia.
All folks should know from the outset that (a) constitutionally family matters except only ‘formal’ marriage {Marriages Act Commonwealth} are States and Territories jurisdiction – not Federal (b) there has never been a referendum to allow cross vesting into the Family Court of Australia from States and Territories (c) a hearing in the Family Court of Australia is one of free ‘choice’ or ‘trickery’. You can take your family matter to the States Family Matters Court and if they refuse then go to the High Court for a ‘cause to show why’ or writ of mandamus for an order that the state court hears your matter. States only legislated that you ‘may’ go to the Family Court of Australia if you wish.
Also there is no constitutional or legal or other reason why women should not be treated as equally as men in all matters including family violence as feminists have so long sought. It is about ‘citizen’ equality that encompasses gender or race or religious equality and it should not be any different when it comes to women committing crimes that they are treated equally in punishments. Now where have all of the feminist disappeared to? Hypocrites they are only interested in their perpetual gender war against men. Mainly out of Government Service Deliveries including police and courts who fail their impartiality duties to favour women over men thereby converting one law into two unlawfully. And blokes into second class citizens.
The variation to ‘law’ occurs in Government Administration ‘processing’ and not in The Legislature. Folks must take most actions under ‘administrative law’ to recover our democracy from this ‘insurgents’ clutches. Take my advice of almost two decades campaigning for the equality of fathers and men as it is supposed to be out of The Legislature. They are the hardest nosed bitches ever one will meet as I do meet frequently ‘holding out’ in their Government paid jobs unlawfully ‘for women’.
In most of these cases and comments quoted on this site there are glaring cases of perjury and ‘abuse of office’ and ‘mandamus’ etc under ADMINISTRAITIVE LAW just waiting to be prosecuted in parallel or post to fathers losing their cases in these ‘unlawful’ ways. But it will not be until blokes get some guts and take on these lawbreakers outside of their own narrow minded case that there will be any ‘restoration’ of our democracy. It will be when the ‘staff’ are made to also comply with the ‘administrative’ law as it applies to how they come to ‘determinations’.
Our court are ‘adversarial’ get supplied lies and thus decide on lies unless you pursue perjury. Take your minds to ‘how’ officers do their jobs and prosecute them when they do not comply with their ‘due process’ duties. Administrative law is just as much available as family law or child support etc so use it for your protection being for what it was devised.
The amendments to the Family Law Act do not make false reports or perjury lawful it only removes the ‘penalties’ which might be unconstitutional as perjury is a crime as much against The Commonwealth and Federal Court as it is against Family Members and Citizens alike. It needs a constitutional challenge. Protem it can be ignored for other reasons.
Perjury remains as prosecutable as ever and should not be ignored. Step out of your current or past case and file an application for the perjury to be heard. From a success there you can then because of its ‘unlawfulness’ get a retrial with the perjury struck out and get a win where there was because of perjury a loss. However be clearly advised if you the ‘aggrieved’ party do not pursue a case of perjury – it is your legal responsibility – it then is you who by default makes it legal – as it always has been since before these latest amendments. Fathers do themselves in by not prosecuting obvious perjury.
Robert E Kennedy Coordinator – NT Office Status of Family ph 08 8932 3339
