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Public Justice
Offences
By Crystal and Meg
Public Justice Offences
 Offences
targeting interference with the
administration of justice, judicial officers,
jurors and witnesses; as well as perjury and
the making of false statements.
Offences against justice
committed by public officials
 Where
an offence against justice is
committed by a public official, the Court
of Criminal Appeal has consistently held
the that the offender’s position is
generally significant matter in
aggravation
 Police officers, solicitors, judicial officers,
politicians
Interference in the administration of
justice: Pt 7 Div 2 Crimes Act 1900
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Section 314- False accusations :A person who makes an accusation intending
a person to be the subject of an investigation of an offence, knowing that
other person to be innocent of the offence, is liable to imprisonment for 7 years
Section 315- Hindering Investigation etc: prohibits any conduct that is intended
in any way to hinder the investigation of, discovery of evidence in relation to,
or apprehension of another for, a serious indictable offence
Section 316 (1)- concealing serious indictable offence: it is an offence for a
person, knowing or believing that a serious indictable offence has been
committed to fail without reasonable excuse to give information which might
be of material assistance to police: s 316(1). A person who solicits or agrees to
accept a benefit in consideration for doing anything that would be an offence
under s 316(1) is also guilty of an offence: s 316(2).
Section 319- perverting the course of justice: A person who does any act, or
makes any omission, intending in any way to pervert the course of justice, is
liable to imprisonment for 14 years
Perjury, False statements:
Section 7 division 4
Section 87 of the Independent Commission Against Corruption Act 1988
(ICAC Act) provides that a person who, at a compulsory examination or
public inquiry conducted by the Commission, gives evidence that is false
or misleading in a material particular knowing it to be false or
misleading, or not believing it to be true, is guilty of an indictable
offence. The maximum penalty for the offence is 200 penalty units or
imprisonment for 5 years, or both.
 Seriousness of Offences:
Any person who commits perjury or false swearing in the course of
judicial proceedings or in proceedings such as a Royal Commission or
an Independendent Commission Against Corruption (ICAC) inquiry
should do so in the clear understanding that if their offence is detected,
they will go to gaol except in exceptional circumstances
 Motive as a relevant factor:
An offence of perjury or false swearing will be of lower objective
seriousness where it was motivated by threats rather than the offender’s
own purposes

Other Corruption and Bribery
Offences:
 Part
4A: “Any offence of, or ancillary to,
corrupt conduct on the part of any public
official should be denounced plainly and
punished condignly”