Preventing, Obstructing or Dissuading a Person who may be called as a Witness in Judicial Proceedings
Preventing, obstructing or dissuading a person who may be called as a witness in judicial proceedings is an offence under section 325(1A) of the Crimes Act 1900, which carries a maximum penalty of 5 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You believed a person may be called as a witness in judicial proceedings
- You prevented, obstructed or dissuaded the person from attending the proceedings
- You did so wilfully, and
- You did not have a lawful excuse for 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 to conduct a hearing to determine any matter or thing.
Wilfully means intentionally.
Whether you had a ‘lawful excuse’ is a matter of fact matter determined by the court.
Defences to the charge include:
- Duress, and
- Self-defence, including the defence of another.
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