Einfeld v R [2008] NSWCCA 215

Einfeld v R [2008] NSWCCA 215

Conduct directed to purely administrative processes under the traffic legislation (such as submitting a false statutory declaration for penalty notice purposes) is not capable of constituting perverting the course of justice under s 319 of the Crimes Act 1900 (NSW), as 'the administration of the law' in s 312 does not extend the reach of s 319 beyond matters connected to curial (court or tribunal) proceedings. Literal interpretation of s 312 would unjustifiably criminalise a broad array of conduct not previously subject to perverting the course of justice offences, contrary to legislative purpose and principle.

Parties
Appellant: Marcus Richard Einfeld; Respondent: Regina
Jurisdiction
Australia
Judgment Date
14 October 2008
Procedural Posture
Criminal Appeal / Leave to Appeal Against Dismissal of Application to Quash Indictment Counts
Outcome
Appeal allowed; leave granted; counts 1-5 in the indictment quashed
Legal Topics
Perverting the Course of Justice, Statutory Interpretation, Summary Offences Vs Indictable Offences
Criminal Law Perverting the Course of Justice Statutory Interpretation Summary Offences Vs Indictable Offences

Case Brief

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Parties

Marcus Richard Einfeld

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Dismissal of Application to Quash Indictment Counts

Legal Issues

  1. 1 Whether submitting false statutory declarations under traffic legislation can constitute perverting the course of justice under s 319 of the Crimes Act 1900 (NSW) by reference to 'the administration of the law' in s 312
  2. 2 Whether traffic legislation offences preclude prosecution under s 319 due to inconsistency

Ratio Decidendi

Conduct directed to purely administrative processes under the traffic legislation (such as submitting a false statutory declaration for penalty notice purposes) is not capable of constituting perverting the course of justice under s 319 of the Crimes Act 1900 (NSW), as 'the administration of the law' in s 312 does not extend the reach of s 319 beyond matters connected to curial (court or tribunal) proceedings. Literal interpretation of s 312 would unjustifiably criminalise a broad array of conduct not previously subject to perverting the course of justice offences, contrary to legislative purpose and principle.

Court Disposition

Appeal allowed; leave granted; counts 1-5 in the indictment quashed

Orders

  • Leave granted under s 5F(3) of the Criminal Appeal Act 1912
  • Appeal allowed and James J's order dismissing the relief claimed in prayer 2 of the Notice of Motion filed on 15 April 2008 set aside