Benefitting from Corrupting a Juror

Benefitting from corrupting a juror is an offence under section 321(2)(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 solicited, accepted or agreed to accept any benefit for yourself or another
2. You did so for you as a juror in judicial proceedings or for any other person who is a juror in judicial proceedings to do or not do anything related to those proceedings, or to not attend those proceedings, and
3. You intended by doing so to pervert the course of justice.

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.

‘Perverting the course of justice’ is defined by section 312 of the Act as:

“obstructing, preventing, perverting or defeating the course of justice or the administration of law”.

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.