Johnston v R [2019] NSWCCA 108

Johnston v R [2019] NSWCCA 108

Proof of an offence against s 319 of the Crimes Act 1900 (NSW) does not require proof that the conduct alleged had a tendency to pervert the course of justice; it is sufficient that the act or omission was done with the intention of perverting the course of justice. The trial judge did not err in the jury directions, and it was open to the jury to be satisfied beyond reasonable doubt of the appellant's intention; thus, the conviction stands.

Jurisdiction
Australia
Judgment Date
27 May 2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal against conviction dismissed; leave granted to raise Ground 2.
Legal Topics
['perverting the Course of Justice' 'statutory Interpretation' 'elements of Offence' 'police Powers']
['criminal Law'] ['perverting the Course of Justice' 'statutory Interpretation' 'elements of Offence' 'police Powers']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether proof of a tendency to pervert the course of justice is an element of the offence under s 319 of the Crimes Act 1900 (NSW)' "Whether the jury's verdict was unreasonable and not supported by the evidence"]

Ratio Decidendi

Proof of an offence against s 319 of the Crimes Act 1900 (NSW) does not require proof that the conduct alleged had a tendency to pervert the course of justice; it is sufficient that the act or omission was done with the intention of perverting the course of justice. The trial judge did not err in the jury directions, and it was open to the jury to be satisfied beyond reasonable doubt of the appellant's intention; thus, the conviction stands.

Court Disposition

Appeal against conviction dismissed; leave granted to raise Ground 2.

Orders

  • ['Leave granted to the appellant to raise Ground 2 of the appeal' 'Appeal against conviction dismissed']