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Threatening or Intimidating a Juror

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.

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