The Queen v Beckett [2015] HCA 38

The Queen v Beckett [2015] HCA 38

Liability for the offence of perverting the course of justice under s 319 of Crimes Act 1900 (NSW) is not confined to acts or omissions carried out with the intention of perverting an existing course of justice. The section extends to acts done with the intention of perverting contemplated proceedings, and the prosecution case, if established by admissible evidence, can establish liability for the offence even in respect of conduct before proceedings have commenced.

Parties
Appellant: The Queen; Respondent: Barbara Beckett
Jurisdiction
Australia
Judgment Date
23 October 2015
Procedural Posture
Criminal / Appeal to the High Court of Australia
Outcome
Appeal allowed
Legal Topics
Perverting the Course of Justice, Attempt to Pervert the Course of Justice
Criminal Law Perverting the Course of Justice Attempt to Pervert the Course of Justice

Case Brief

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Parties

The Queen

Appellant

Barbara Beckett

Respondent

Procedural Posture

Criminal / Appeal to the High Court of Australia

Legal Issues

  1. 1 Whether the offence of perverting the course of justice under s 319 of Crimes Act 1900 (NSW) applies to conduct committed before judicial proceedings commence
  2. 2 Whether 'course of justice' within s 319 requires that the jurisdiction of a court or competent judicial tribunal has been invoked
  3. 3 Whether liability for the offence requires proof that the accused's act or omission possesses the tendency to pervert the course of justice

Ratio Decidendi

Liability for the offence of perverting the course of justice under s 319 of Crimes Act 1900 (NSW) is not confined to acts or omissions carried out with the intention of perverting an existing course of justice. The section extends to acts done with the intention of perverting contemplated proceedings, and the prosecution case, if established by admissible evidence, can establish liability for the offence even in respect of conduct before proceedings have commenced.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Set aside orders 2 and 3 of the Court of Criminal Appeal of the Supreme Court of New South Wales made on 12 December 2014