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Section 322 Crimes Act 1900
Threatening Judges, Witnesses, Jurors or Public Justice Officials

Threatening or intimidating a witness is an offence under section 322(a) of the Crimes Act 1900, which carries a maximum penalty of 10 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You did or caused any injury or detriment to a person or threatened to do so, and
  2. You intended by doing so to influence a person called as a witness in judicial proceedings, or to be called as a witness in judicial proceedings to give false evidence, withhold true evidence, not attend the proceedings, or not produce anything in evidence under a summons or subpoena.

A ‘judicial proceeding’ is one in or before which a judicial tribunal can take evidence under oath.

A ‘judicial tribunal’ is any person, including a coroner or arbitrator, or any court or other body authorised by law or by the consent of the parties that may conduct a hearing to determine any matter or thing.

The maximum penalty increases to 14 years in prison where the prosecution is able to prove beyond reasonable doubt that you intended by your conduct to procure the conviction or acquittal of any person for a serious indictable offence.

A ‘serious indictable offence’ is one that carries a maximum penalty of at least 5 years in prison.

Defences to the charge include:

  1. Duress, and
  2. Self-defence, including the defence of another.

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Threatening or intimidating a juror is an offence under section 322(b) of the Crimes Act 1900, which carries a maximum penalty of 10 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You did or caused any injury or detriment to a person or threatened to do so, and
  2. You intended by doing so to influence any person whether or not a particular person in their conduct as a juror in judicial proceedings, or not to attend as a juror in judicial proceedings.

It is immaterial whether the person had been sworn as a juror at the time of your conduct.

A ‘judicial proceeding’ is one in or before which a judicial tribunal can take evidence under oath.

A ‘judicial tribunal’ is any person, including a coroner or arbitrator, or any court or other body authorised by law or by the consent of the parties that may conduct a hearing to determine any matter or thing.

The maximum penalty increases to 14 years in prison where the prosecution is able to prove beyond reasonable doubt that you intended by your conduct to procure the conviction or acquittal of any person for a serious indictable offence.

A ‘serious indictable offence’ is one that carries a maximum penalty of at least 5 years in prison.

Defences to the charge include:

  1. Duress, and
  2. Self-defence, including the defence of another.

____________________

Threatening or intimidating a judicial officer is an offence under section 322(c) of the Crimes Act 1900, which carries a maximum penalty of 10 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You did or caused any injury or detriment to a person or threatened to do so
  2. The person was a judicial officer, and
  3. You intended by doing so to influence the person in his or her conduct as a judicial officer

A ‘judicial officer’ is a person who is, or who alone or with others constitutes, a judicial tribunal.

A ‘judicial tribunal’ is any person or any court or other body authorised by law or by the consent of the parties to conduct a hearing to determine any matter or thing.

This includes:

  1. A coroner
  2. A Magistrate in the Local or Children’s court
  3. A judge in the District Court, and
  4. A justice in the Supreme or High Court

The maximum penalty increases to 14 years in prison where the prosecution is able to prove beyond reasonable doubt that you intended by your conduct to procure the conviction or acquittal of any person for a serious indictable offence.

A ‘serious indictable offence’ is one that carries a maximum penalty of at least 5 years in prison.

Defences to the charge include:

  1. Duress, and
  2. Self-defence, including the defence of another.

____________________

Threatening or intimidating a public justice official is an offence under section 322(d) of the Crimes Act 1900, which carries a maximum penalty of 10 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You did or caused any injury or detriment to a person or threatened to do so
  2. The person was a public justice official, and
  3. You intended by your actions to influence the person’s conduct as a public justice official in or in connection with any judicial proceeding.

A ‘public justice official’ is a person employed in any capacity by any government agency, department or organisation for the investigation, detection or prosecution of offenders except for a judicial officer such as a magistrate, judge or justice of a court or tribunal.

It includes:

  1. Police officers
  2. Police prosecutors
  3. DPP solicitors, and
  4. Crown prosecutors.

A ‘judicial proceeding’ is one in or before which a judicial tribunal can take evidence under oath.

A ‘judicial tribunal’ is any person or any court or other body authorised by law, or by the consent of the parties to conduct a hearing to determine any matter or thing.

The maximum penalty increases to 14 years in prison where the prosecution is able to prove beyond reasonable doubt that you intended by your conduct to procure the conviction or acquittal of any person for a serious indictable offence.

A ‘serious indictable offence’ is one that carries a maximum penalty of at least 5 years in prison.

Defences to the charge include:

  1. Duress, and
  2. Self-defence, including the defence of another.

If you are going to court for Threatening Judges Witnesses Jurors, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.

Read on for more information.

The Legislation

Section 322 of the Crimes Act 1900 deals with the offence of “threatening or intimidating judges, witnesses and jurors” and reads as follows:

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.

Why Choose Sydney Criminal Lawyers®?

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with. Here are 12 reasons to choose our multi-award winning legal team:

  1. Proven Track Record of Exceptional Results

    Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

    Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.

    Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.

    We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

    Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

  2. Highest Level of Client Satisfaction

    We have the best and most comprehensive client review record of any law firm in Australia.

    Regular communication, accessibility and quality service are our team’s highest priorities.

    We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.

    We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.

  3. Australia’s Most Awarded Criminal Law Firm

    We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

    The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.

  4. Fixed Fees

    We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.

    We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.

    Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.

  5. Free First Appointment

    For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

    We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.

  6. Specialist Lawyer Guarantee

    We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

    This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.

  7. All NSW Courts

    From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

    And we offer fixed fees for most criminal and traffic law cases throughout the state.

  8. Accredited Specialists

    Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

    All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

    An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

    Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.

    Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.

  9. Results-Focused Law Firm

    Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.

    The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.

    Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.

    No budgets encourages regular consultation between lawyers within the firm – promoting an ‘open door’, team environment where lawyers bounce ideas off one another, formulate case strategy together and benefit from each other’s specialised experience, methods, techniques and insights.

    The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.

  10. Team of Lawyers Behind You

    Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.

    Our lawyers regularly consult one another to stay ‘ahead of the pack’ in the ever-changing field of criminal law – constantly devising, refining and implementing specialised techniques which ensure our clients achieve the best possible outcomes.

    A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.

    In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.

  11. Familiar with Magistrates and Judges

    Each of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.

    Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.

  12. Convenience

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    • the Sydney CBD, on Castlereagh Street, directly opposite Downing Centre Court,
    • Liverpool, directly opposite Liverpool Local Court, and
    • Parramatta, near the justice precinct.

    We offer free parking at our Sydney CBD and Liverpool locations, and all of our offices are close to train stations and bus terminals.

    For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.

    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.

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