Have you been charged with Perverting the Course of Justice?
There may be certain defences available to you should your charge proceed to court. Some of the questions you should discuss with an expert in criminal law include:
- Can the prosecution establish all the elements of the offence?
- Did you intend to pervert the course of justice?
- Or do you believe your actions did not impact the course of justice?
The maximum penalties for a finding of guilt on this charge are extremely severe. Get in touch with an experienced criminal defence lawyer to begin preparing your defence as soon as possible.
What is perverting the course of justice?
To pervert the course of justice, an accused person must intentionally engage in conduct that interfered with the administration of the law, by a court.
It is often the case that this charge will go hand in hand with a perjury charge.
For more information on perverting the course of justice, please continue reading.
The offence
Perverting the Course of Justice is a Common law offence, meaning it is not contained in any particular legislation. In Victoria the maximum sentence for Perverting the Course of Justice is contained within section 320 of the Crimes Act 1958.
The prosecution must prove:
-
The defendant intended to do an act;
-
The defendant’s act was intended to pervert the course of justice; and
-
The course of justice was perverted as a result.
The maximum penalty
Level 2 imprisonment with a maximum of 25 years.
Where will my case be heard?
A charge of Perverting the Course of Justice will typically be heard in the County Court, although more serious cases may be heard in the Supreme Court.
What to do next?
Perverting the Course of Justice is a serious charge that can result in lengthy imprisonment if you are convicted. You should contact one of our experienced criminal lawyers today to ensure that you receive the best possible defence.