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Attempt to Pervert Justice Lawyers On The Sunshine Coast, QLD
Section 140 of the Criminal Code 1899 (Qld) provides that any person who makes an attempt to obstruct, prevent, pervert, or defeat the course of justice is guilty of a crime, punishable by a maximum penalty of an imprisonment period of seven years. If the attempt to pervert justice is made in connection with organised crime, this may be considered by the court to be an aggravating circumstance (under section 161Q of the Penalties and Sentences Act 1992).
At Smith Criminal Law we understand that being charged with an Attempt to Pervert Justice can cause significant stress. It can be easy to feel overwhelmed.
Attempted perversion of justice offences are caught by relatively broad legislation, meaning that there are a large number of scenarios that may fall within the realms of the statute. An example of an attempt at perverting the course of justice may be where a person makes a false declaration to police that a crime was committed by them, when in fact the crime was committed by another party known to them (perhaps a friend or family member), regardless of the severity of the crime.
Take the following scenario, for example:
Joe receives an infringement notice in the mail stating that his car was detected speeding 15km/hr over the speed limit on the Bruce Highway. He stands to lose 3 demerit points and is liable for a $275 fine for this offence. Joe has a poor driving history and knows that he only has 3 points left on his licence, so his housemate Rick (who still has all his points) agrees to make a false statutory declaration to say that he was the one driving the vehicle, to ensure that Joe will not lose his licence.
Both Joe and Rick may be considered to have attempted to pervert the course of justice.
Perversion of justice offences are incredibly complicated matters and require a skilled legal team with the right expertise to navigate the legislation around them. If you’re faced with such charges, securing an experienced lawyer as early as possible will be the single most effective step that you can take towards protecting your rights. Contact Smith Criminal Law today at (07) 5227 8050.