R v Gould (No 2) [2019] NSWDC 689

R v Gould (No 2) [2019] NSWDC 689

The words 'has a tendency to pervert the course of justice' do not appear in s 43 of the Crimes Act 1914 (Cth). On the face of the provision, and consistently with R v Murphy (1985) 4 NSWLR 42, tendency to pervert the course of justice is not an essential element of the s 43 offence. The elements are that the Accused attempted to pervert the course of justice in relation to a judicial power, intended to pervert the course of justice in relation to a judicial power, and that the judicial power is the judicial power of the Commonwealth. Tendency may be relevant to intention and to explaining attempt, because conduct amounts to an attempt if it has a tendency to fulfil the guilty intention...

Jurisdiction
Australia
Judgment Date
28 October 2019
Procedural Posture
Criminal / Procedural Ruling on the Elements of the Offence Under S 43 of the Crimes Act 1914 (cth)
Outcome
Ruling made that tendency to pervert the course of justice is not an essential element of an offence under s 43 of the Crimes Act 1914 (Cth), but may be relevant to intention and to explaining attempt to the jury.
Legal Topics
['attempt to Pervert the Course of Justice' 'elements of Offence' 'judicial Power of the Commonwealth' 'tendency to Pervert the Course of Justice']
['criminal Law'] ['attempt to Pervert the Course of Justice' 'elements of Offence' 'judicial Power of the Commonwealth' 'tendency to Pervert the Course of Justice']

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Procedural Posture

Criminal / Procedural Ruling on the Elements of the Offence Under S 43 of the Crimes Act 1914 (cth)

Legal Issues

  1. 1 ['What are the elements of the offence under s 43 of the Crimes Act 1914 (Cth).' 'Whether tendency to pervert the course of justice is an essential element of an offence under s 43.' 'How tendency may be used in directing the jury on the element of attempt.']

Ratio Decidendi

The words 'has a tendency to pervert the course of justice' do not appear in s 43 of the Crimes Act 1914 (Cth). On the face of the provision, and consistently with R v Murphy (1985) 4 NSWLR 42, tendency to pervert the course of justice is not an essential element of the s 43 offence. The elements are that the Accused attempted to pervert the course of justice in relation to a judicial power, intended to pervert the course of justice in relation to a judicial power, and that the judicial power is the judicial power of the Commonwealth. Tendency may be relevant to intention and to explaining attempt, because conduct amounts to an attempt if it has a tendency to fulfil the guilty intention...

Court Disposition

Ruling made that tendency to pervert the course of justice is not an essential element of an offence under s 43 of the Crimes Act 1914 (Cth), but may be relevant to intention and to explaining attempt to the jury.

Orders

  • ['The elements of the offence under s 43 are that the Accused attempted to pervert the course of justice in relation to a judicial power, the Accused intended to pervert the course of justice in relation to a judicial power, and the judicial power is the judicial power of the Commonwealth.' 'Tendency to pervert the...