Have you been charged with Offence to Harass Witnesses etc.?
With the aid of an experienced criminal lawyer, you may be able to mount an effective defence. You and your lawyer should consider the following questions:
Can the prosecution prove all elements of the crime? Was your conduct not meant to harass? Were you aware the person was involved as a witness in a criminal proceeding?
For more information on the charge, please read below.
Elements of the offence
Section 52A of the Summary Offences Act.
The prosecution must prove:
The defendant harassed a witness;
The defendant did so as a result of the witness having taken part, about to take part or taking part in a criminal proceeding in any court as a witness or in any other capacity.
The maximum penalty
120 penalty units administered as a fine or 12 months imprisonment.
Where will my case be heard?
A charge of the Offence to Harass Witnesses etc. will be heard in the Magistrates Court.
What to do next?
If you have been charged with the Offence to Harass Witnesses etc. you should contact an experienced criminal lawyer to assist you to prepare your defence. Do not delay, as thorough preparation is critical to achieving a positive outcome in any criminal matter.
The legislation
Section 52A Offence to harass witnesses etc.
A person must not harass a person because that person has taken part, is about to take part or is taking part in a criminal proceeding in any court as a witness or in any other capacity.
Penalty: 120 penalty units or imprisonment for 12 months.
