Influencing witnesses or jurors is a serious crime that can undermine the integrity of the legal system. It is illegal to attempt to influence a witness or juror in any way, including by threatening, intimidating, bribing, or harassing them. The purpose of these laws is to ensure that witnesses and jurors can participate in the criminal justice process freely and without fear of reprisal. When witnesses or jurors are influenced, it can lead to unfair trials and unjust verdicts.
If you have been charged with influencing witnesses or jurors, contact our team at Jackson John Defence Lawyers for expert guidance on your best way forward.
The Law
Pursuant to section 323(a) of the Crimes Act 1900 (NSW), you are guilty of influencing a witness of you:
The term ‘judicial proceeding’ refers to one where a judicial tribunal can take evidence under oath or affirmation. A ‘judicial tribunal’ is any person or body authorised by law or through the consent of the parties to conduct a hearing to determine a matter.
The Prosecution must prove both these elements beyond reasonable doubt. If it cannot prove each of these elements to this required standard, the Prosecution will fail, and you will not be convicted.
Pursuant to section 323(b) of the Crimes Act 1900 (NSW), you are guilty of influencing a juror if you:
The Prosecution must prove both these elements beyond reasonable doubt. If it cannot prove each of these elements to this required standard, the Prosecution will fail, and you will not be convicted.
It is important to note that it is immaterial whether the person had been sworn or affirmed as a juror at the time of the conduct.
What are the Types of Penalties?
The maximum penalty for the offence of influencing witnesses or jurors is 7 years imprisonment, or 14 years if the conduct was intended to procure the conviction or acquittal of any person for a serious indictable offence. A serious indictable offence is one which carries, at minimum, a maximum penalty of 5 years imprisonment.
However, it is important to bear in mind that this the maximum penalty, and as such the type of penalties vary greatly. The Court may consider sentencing you to one or more of the following:
There are three types of section 10 penalties, including:
A section 10(1)(a) bond is a finding of guilt, but the Court does not record a conviction. A bond such as this is usually only given where you have a clear criminal and/or driving record, your offending behaviour is minor, there is little chance of you offending again, and there were mitigating factors that led to the offending. Even if these facts apply to your case, there is no guarantee you will get this type of penalty. However, cogent subjective material and robust submissions on your behalf can be very persuasive to the Court.
A section 10(1)(c) bond involves a finding of guilt, a conviction is recorded, and you can be referred to an intervention program.
A section 10A penalty involves a finding of guilt and a conviction is recorded, but no further action is taken.
A CRO is a sentence which allows you to remain in the community, but you are supervised by Community Corrections. The Court can decide whether or not to record a conviction. The maximum term of the CRO is two years and may involve conditions such as to be not consume alcohol for the period of the bond. If you breach a CRO, you will be brought before the Magistrate that sentenced you and potentially be re-sentenced to a more serious penalty.
A CCO is another type of sentence which allows you to remain in the community, but you are supervised by Community Corrections. It typically involves more onerous conditions than a CRO and you will receive a conviction. If you breach a CCO, you will be brought before the Magistrate that sentenced you and potentially be re-sentenced to a more serious penalty.
If the Court is satisfied that imprisonment is warranted, it can order that you serve the term of imprisonment in the community while subject to the supervision of Community Corrections and conditions such as community service, curfew, or rehabilitation. If you breach an ICO, the Parole Board will determine whether to order you serve the remainder of the period in full-time custody. This is because an ICO is a sentence of imprisonment ordered to be served in the community.
This offence carries maximum penalty of 10 years imprisonment, depending on the factual circumstances of the offending. However, full-time imprisonment is only reserved for the most serious matters.
What are the Possible Defences?
A defence to the charge of influencing witnesses or jurors could be that the Prosecution cannot prove beyond a reasonable doubt that the defendant did not engage in a positive act, or that any such act was intended to influence any person, whether or not a particular person, in the person’s conduct as a juror in judicial proceedings other than by the production of evidence or argument in open court. For example, a case of mistaken identity would demonstrate that you did not engage in an act yourself and therefore the first element is not made out on the facts.
Duress involves circumstances where you have been forced to commit a crime against your will, whether it be by way of threat, intimidation, or some other form of coercion. The threat must be so serious that it would have caused an ordinary person of like firmness in your situation to act in the same way. Furthermore, the threat must be the operative cause of your actions. In other words, if you are not worried about the threat at the time of the commission of the offence, or some other factor influences your decision to commit the crime, duress may not be established. Finally, the threat must be continuing. What this means is that if there is an opportunity at some point for you to obviate the threat, by reporting it to the police for example, duress may not be accepted.
Once duress is raised, the onus lies with the Prosecution to negative duress beyond reasonable doubt. In other words, it is encumbent upon the Prosecution to eliminate any reasonable possibility that you were acting in duress. In considering this question, the evidence should be taken at its highest in favour of the accused. It is not essential that there be evidence from you as to your beliefs and perceptions, but it must be raised fairly on the evidence.
For necessity to be established, the following must exist at the time of the commission of the offence:
As is the case with self-defence, the onus lies with the Prosecution to negative necessity beyond reasonable doubt. In other words, it is encumbent upon the Prosecution to eliminate any reasonable possibility that you were acting out of necessity. In considering this question, the evidence should be taken at its highest in favour of the accused. It is not essential that there be evidence from you as to your beliefs and perceptions, but it must be raised fairly on the evidence.
Why Jackson John?
We understand the serious consequences that a conviction for influencing witnesses or jurors can have on your life and reputation. We will work tirelessly to protect your rights and interests, and to develop a strong defence strategy. We will also keep you informed of your options and advise you on the best course of action throughout the legal process.
Our team at Jackson John Defence Lawyers have a proven track record of success in defending clients charged with influencing witnesses or jurors. We are committed to providing our clients with the highest quality legal representation, and we will fight to get you the best possible outcome in your case.
If you have been charged with influencing witnesses or jurors, contact Jackson John Defence Lawyers today for a free 15-minute initial consultation.
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In the spirit of reconciliation, Jackson John Defence Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community.
We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.
© 2024 JACKSON JOHN DEFENCE LAWYERS – Privacy Policy
Liability limited by a scheme approved under Professional Standards Legislation.
In the spirit of reconciliation, Jackson John Defence Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.
