Threatening or Intimidating Victims or Witnesses
Threatening or intimidating victims or witnesses is an offence under section 315A of the Crimes Act 1900, which carries a maximum penalty of 7 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You threatened to do or cause, or did or caused, any injury or detriment to another, and
- You did so intending to influence any person not to bring material information about an indictable offence to the attention of police or another appropriate body.
‘Material information’ is that which may be of material assistance in securing the arrest of a person who has committed an indictable offence, or the prosecution or conviction of such a person.
An ‘indictable offence’ is one that can be referred to a higher court such as the District or Supreme Court, and normally relates to crimes that carry a maximum penalty of more than 2 years in prison.
Defences to the charge include:
- Duress
- Necessity, and
- Self-defence.
What Our Clients Say SEE ALL
-
★★★★★
Happy with the outcome
My lawyer Mehmet Yilmaz was great, was happy with the outcome.
-
★★★★★
He was very prompt with my matter and the after hours calls
Wissam, a wonderful lawyer to have for my matter. He was very prompt with my…
-
★★★★★
Got me the best possible outcome, her knowledge and skills helped me a lot
Coincidering my charges lawyer Karina got me the best possible outcome, her knowledge and skills…
-
★★★★★
Better than expected outcome
Patrick performed well under unexpected time pressure today. I engaged Patrick's services to defend me…