Judicial Offences

Question 0

What are some examples of preventing the course of justice?

Answer 0

Lying to police to prevent detection, arrest and prosecution.
Bribery of police to hinder prosecution.
Fabrication or concealment of evidence.
Interfering with witnesses by intimidation or bribery.
Inducing witness to lie to police or perjure themselves.
False representation to a court to obtain bail.
I

Question 1

Pervert the course of justice? What is the section number and explain.

Answer 1

Section 312 Crimes Act.

Obstructing, preventing or perverting the course of justice or administration of law

Question 2

What is the max sentence for preventing the course of justice?

Answer 2

14 years

Question 3

What does 313 of the Crimes Act establish?

Answer 3

Element under part 7 of the crimes act (Public Justice Offences) knowledge of serious indictable offence by the accused is not necessary. Prosecution need not establish that the accused knew that offence was serious indictable

Question 4

What is a serious indictable offence?

Bonus points - section and act.

Answer 4

Section 311 (1)
An indictable offence that is punishable by five years of more

Question 5

What are the elements for hindering an investigation?

Bonus points - what section does it fall under in the Crimes Act?

Answer 5

Section 315 of the Crimes Act.

315 hindering an 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
(b) the discovery of evidence concerning a serious indictable offence committed by another person
(c) the apprehension of another who has committed a serious indictable offence

Is liable to imprisonment for 7 years.

Question 6

What are the elements for Conceal Serious Indictable offence?

Bonus points - section , Act imprisonment

Answer 6

Conceal Serious Indictable Offence

Section 316 (1)

That another having committed a Serious Indictable offence, the accused:

(1) knowing or believing that such offence was committed, and
(2) having information which might be of material assistance in securing the apprehension, prosecution or conviction of that of another,
(3) failed to bring such information to the attention of a member if the Police Force or other appropriate authority.

Imprisonment for 2 years

Question 7

What are some examples of a reasonable excuse under section 316 of the Crimes Act?

Answer 7

Privilege against self incrimination.
Duress
Genuine belief that disclosure would have endangered a third party.
Doctor, clergyman, etc