CRIMES ACT 1914 SECT 42

(1)

Any person who conspires with another to obstruct, prevent, pervert, or defeat, the course of justice in relation to the judicial power of the Commonwealth, shall be guilty of an indictable offence.

Penalty: Imprisonment for 5 years.

(2)

For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the judicial power is of the Commonwealth.

Note: For absolute liability , see section 6.2 of the Criminal Code .

(3)

For a person to be guilty of an offence against subsection (1):

(a)

the person must have entered into an agreement with one or more other persons; and

(b)

the person and at least one other party to the agreement must have intended to obstruct, prevent, pervert or defeat the course of justice pursuant to the agreement; and

(c)

the person or at least one other party to the agreement must have committed an overt act pursuant to the agreement.

(4)

A person may be found guilty of an offence against subsection (1) even if:

(a)

obstructing, preventing, perverting or defeating the course of justice pursuant to the agreement is impossible; or

(b)

the only other party to the agreement is a body corporate; or

(c)

each other party to the agreement is a person who is not criminally responsible; or

(d)

subject to subsection (5), all other parties to the agreement have been acquitted of the offence.

(5)

A person cannot be found guilty of an offence against subsection (1) if:

(a)

all other parties to the agreement have been acquitted of such an offence; and

(b)

a finding of guilt would be inconsistent with their acquittal.

(6)

A person cannot be found guilty of an offence against subsection (1) if, before the commission of an overt act pursuant to the agreement, the person:

(a)

withdrew from the agreement; and

(b)

took all reasonable steps to prevent the obstruction, prevention, perversion or defeat.

(7)

A court may dismiss a charge of an offence against subsection (1) if the court thinks that the interests of justice require the court to do so.

(8)

Section 11.1 of the Criminal Code does not apply to an offence against subsection (1).