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:
‘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:
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