Criminal Defence Lawyers for Perverting Course of Justice

Perverting Course Of Justice – s 319 Crimes Act (NSW)

Charged with perverting the course of justice is taken very seriously by Courts. Our criminal defence lawyers have a proven success record in convincing police to drop charges early, and securing not guilty verdicts for countless of their clients for over 20 years.

Call us now on (02) 8606 2218 to book a free first consultation with an experienced Criminal Defence Lawyer.

Your Options in Court

PLEADING NOT GUILTY

You can only be guilty to the offence of perverting the course of justice if police can prove both of the following elements of the charge, beyond reasonable doubt:

  • You did something or omitted to do something; and
  • You had the intention to pervert the course of justice

You will be found not guilty, and your charge dismissed, if police are unable to prove each of the above elements in court.

The court of justice includes court or tribunal proceedings, police investigation.

Defences to this charge

You will be Not Guilty if:

  • You didn’t know that there was judicial proceedings on foot, or you didn’t know that court proceedings might occur or are imminent.
  • Mental illness defence: Where you were suffering a mental illness i.e. schizophrenia, which caused you to lose control, or not know the nature or quality of your conduct, or not know the rightness or wrongness of what you were doing.
  • Intoxication: Where due to your level of intoxication, from alcohol or drugs, you were incapable of forming the intention to pervert the course of justice.
  • Duress or Necessity: Where you perverting the course of justice due to coercion or threats, or you did it to avoid serious harm to yourself or another person.

Your perverting the course of justice offence will be dismissed and you will be found not guilty if any of the above defences apply to your case.

Speak to an experienced senior lawyer for realistic and practical advice and guidance on whether you have a realistic defence, and how to strengthen it early. Our lawyers specialise in getting charges dropped early, and have proven their clients innocence countless times for over 20 years.

Call us now on (02) 8606 2218 to book a free first consultation.

PLEADING GUILTY

If you decide to plead guilty to this offence, be sure to first speak to an experienced lawyer on advice and guidance on how to maximise your chances at getting the best possible outcome. See the following critical tips on how to best achieve this for your case.

25% Discount on punishment

Pleading guilty at the earliest time in your case will get you a 25% discount on punishment by the Judge. This results in a more lenient punishment.

The discount reduces in time the later it the plea of guilty is entered. This is why it’s critical to get early realistic and experienced advice.

Good character references

These are letters read by the Judge expressing your good character, remorse, shame and insight into your offence, to allow the Judge to give you more leniency, and a better outcome.

Letters can be from family, friends, charity, work, and an apology letter from you. Each one should be reviewed by your lawyer with guidance at every stage before handing it up.

Negotiate to drop charges

By carefully reading, and picking out the holes in the police evidence, the police can be convinced to drop these charges with the right strategic approach in negotiations.

Our senior lawyer specialise in this area, and hold a proven success record in getting charges dropped early countless times for years.

Negotiate facts

Often the police set of facts are drafted initially by police for the Judge to read right before punishment. It expresses what you plead guilty to and includes your offending conduct in detail. This can often be one sided, making you sound worse than you deserve which often results in a heavier punishment.

With intense negotiations by knowing the holes in the evidence, the set of facts can be changed to reflect you in a much more favourable light, resulting often in a more lenient outcome.

Psychologist reports

By gathering a well written court report from an experienced and highly respected expert psychologist or psychiatrist, the Judge reading it can then significantly reduce your punishment, giving a much better result.

For best chances at this, the report should express opinions on your mental state of mind, insight, remorse, and shame for your actions. Our experienced lawyers will carefully select the best suited expert to your case.

Maximum penalty

The maximum punishment for a offence of perverting the course of justice is a term of imprisonment of up to 14 years.

The maximum is rarely given by Judges, and usually only reserved for the most serious of offenders. See below for other kinds of penalties the courts can give.

Types of penalties

The Court will give you any one of the following types of punishment, depending on how you prepared and present your case.

  1. Section 10 Dismissal
  2. Conditional Release Order
  3. Fine
  4. Community Correction Order
  5. Intensive Correction Order
  6. Full Time Imprisonment

Speak to a highly experienced lawyer for realistic and practical advice on your charge of perverting the course of justice offence. Our criminal defence lawyers have over 20 years experience in successfully achieving exceptional outcomes for their clients.

Call us now on (02) 8606 2218 to book a free first consultation with an experienced Criminal Defence Lawyer.

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