Director of Public Prosecutions v Levent Aydogan and Ravena Annie Gosper [2006] NSWSC 558

Director of Public Prosecutions v Levent Aydogan and Ravena Annie Gosper [2006] NSWSC 558

Section 317(b) of the Crimes Act 1900 is not confined to physical items introduced into evidence or intended to be introduced into evidence. Construed in the context of Part 7 and the legislative purpose of replacing common law public justice offences, the fabrication of false statements intended to mislead a judicial tribunal can constitute fabrication of false evidence for s 317(b), even if the statements were not served, included in a brief or tendered in proceedings. The magistrate therefore erred in finding no prima facie case on the basis that the statements were not evidence.

Jurisdiction
Australia
Judgment Date
08 June 2006
Procedural Posture
Appeal From Local Court / Appeal Against Magistrate's Dismissal of Proceedings at Conclusion of Prosecution Case
Outcome
Appeal allowed.
Legal Topics
['fabricating False Evidence' 'perverting the Course of Justice' 'public Justice Offences' 'meaning of Evidence Under S 317(b) Crimes Act 1900' 'appeal on Error of Law From Local Court']
['criminal Law' 'criminal Procedure' 'statutory Interpretation'] ['fabricating False Evidence' 'perverting the Course of Justice' 'public Justice Offences' 'meaning of Evidence Under S 317(b) Crimes Act 1900' 'appeal on Error of Law From Local Court']

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Procedural Posture

Appeal From Local Court / Appeal Against Magistrate's Dismissal of Proceedings at Conclusion of Prosecution Case

Legal Issues

  1. 1 ['Whether the magistrate erred in law by finding that false statements made by the defendants did not constitute evidence for the purposes of s 317(b) of the Crimes Act 1900.' 'Whether s 317(b) of the Crimes Act 1900 is confined to physical items introduced into evidence or intended to be introduced into evidence.']

Ratio Decidendi

Section 317(b) of the Crimes Act 1900 is not confined to physical items introduced into evidence or intended to be introduced into evidence. Construed in the context of Part 7 and the legislative purpose of replacing common law public justice offences, the fabrication of false statements intended to mislead a judicial tribunal can constitute fabrication of false evidence for s 317(b), even if the statements were not served, included in a brief or tendered in proceedings. The magistrate therefore erred in finding no prima facie case on the basis that the statements were not evidence.

Court Disposition

Appeal allowed.

Orders

  • ['The order of the magistrate made on 29 June 2005 at the Downing Centre Local Court dismissing the proceedings against each defendant is set aside.' 'The magistrate erred at law in finding the false statement made by the first defendant, dated 6 June 2003 in the matter of Police v Donna Maree Bishop, did not...