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CRIMES ACT 1914 SECT 43
43 Attempting to pervert justice
- (1)
- Any person who attempts, in any way not specially
defined in this
Act, to obstruct, prevent, pervert, or defeat, the
course of justice in relation to the judicial power of the
Commonwealth, shall be guilty of an 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 the person to be guilty of an offence against
subsection (1), the person's conduct must be more
than merely preparatory to the commission of the offence.
The question whether conduct is more than merely
preparatory to the commission of the offence is one of
fact.
- (4)
- A person may be found guilty of an offence against
subsection (1) even if doing the thing attempted is
impossible.
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