02 Apr What is Perverting the Course of Justice?

In the complex and often unforgiving landscape of criminal law, the charge of perverting the course of justice stands out for its seriousness and the severe consequences it carries. At FEDOROV Family Lawyers, we are dedicated to defending the rights of those accused of criminal offences, including charges that strike at the heart of our justice system. This article delves into what it means to pervert the course of justice, the legal implications, and the importance of a robust defence.

What Does It Mean to Pervert the Course of Justice?
Perverting the course of justice refers to any action that obstructs, prevents, or hinders the administration of justice. This charge is designed to protect the integrity of the legal system, ensuring that justice is served fairly and without interference. In Australia, this offence is taken very seriously, with penalties reflecting the gravity of tampering with the judicial process.

The offence can encompass a wide range of activities, including:

• Falsifying evidence: Presenting or creating false evidence in a court of law.
• Intimidating witnesses: Threatening or coercing witnesses to change their testimony or refrain from giving evidence.
• Interfering with police investigations: Providing false information to police or otherwise obstructing their investigative efforts.
• Bribing officials: Offering money or other incentives to legal authorities to influence the outcome of a case.

Legal Consequences of Perverting the Course of Justice
In Australia, the charge of perverting the course of justice can lead to severe penalties, including substantial fines and lengthy prison sentences. The seriousness of the offence is reflected in the maximum penalty, which can be up to 14 years imprisonment. However, the actual sentence imposed will depend on the specifics of the case, including the offender’s intent, the nature of the interference, and the impact on the justice system.

Peter Payne, a 71-year-old former publican turned lawyer from New South Wales, was convicted of perverting the course of justice. He advised a client to avoid attending court, believing it was a police setup. Payne instructed the client to stay away and misled the Magistrate, claiming he couldn’t contact the client. The court deemed Payne’s actions “unsophisticated” and a breach of legal duty, leading to a 12-month Community Correction Order. In addition, Payne’s practising certificate was suspended.

Former Federal Court Judge Marcus Einfeld was sentenced to a three years imprisonment for lying to avoid a $75 speeding fine in 2006. Einfeld pleaded guilty to perjury and making a false statement with intent to pervert the course of justice after falsely claiming a deceased friend was driving his car. The court emphasised the seriousness of his “deliberate, premeditated perjury,” given his position as a former judge. Despite his contributions to society, the court ruled that his actions struck “at the heart of the administration of justice,” leading to his imprisonment.

These cases illustrate the court’s firm stance against any form of interference with the administration of justice, and the severe consequences that can follow a conviction for this offence.

The Role of Intent and Evidence
When defending against a charge of perverting the course of justice, intent is a critical factor. The prosecution must prove beyond a reasonable doubt that the offender intentionally engaged in conduct designed to interfere with the administration of justice. This can be a challenging task, as it often requires a deep dive into the offender’s motives and actions.

The Importance of Legal Representation
Perverting the course of justice is a grave offence that carries significant legal consequences. The charge is a stark reminder of the importance of integrity within the legal system and the severe penalties that can follow any attempt to interfere with the administration of justice.

At FEDOROV Family Lawyers, we are committed to providing a rigorous defence for our clients, ensuring that their rights are protected and that they receive a fair trial. Our experienced team understands the nuances of this complex area of law and will work tirelessly to challenge the prosecution’s case, scrutinise the evidence, and develop a strategy tailored to the specific circumstances of the case. If you or a loved one is facing such a charge, do not hesitate to reach out to our team for the expert legal support you need.