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Corruption Of A Witness

What the law says

Sections 127 of the Criminal Code Queensland states:

  1. Any Person who-
    • (a) gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure any property or benefit of any kind to, upon, or for, any person, upon any agreement or understanding that any person called or to be called as a witness in any judicial proceeding shall give false testimony or withhold true testimony; or
    • (b) attempts by any other means to induce a person called or to be called as a witness in any judicial proceeding to give false testimony or withhold true testimony; or
    • (c) asks for, receives, or obtains or agrees or attempts to receive or obtain any property or benefit of any kind for himself, herself or any other person, upon any agreement or understanding that any person shall as a witness in any judicial proceeding give false testimony or withhold true testimony;

is guilty of a crime.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  • A. The accused gave ( or conferred or procured or promised or offered to give, confer, procure or attempt to procure) property or benefit to a person; upon any agreement or understanding that any person called as a witness in a judicial hearing would give false evidence or withhold true testimony; or
  • B. The accused attempted to induce any person to give false testimony or withhold true testimony when called as a witness in a judical proceeding; or
  • C. The accused asked for (received, obtained or agreed or attempted to obtain) any property or benefit for himself or another; upon the agreement or understanding that any person as a witness in any judicial proceeding would give false testimony or withhold true testimony.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty for the offence of Corruption of a Witness is 7 Years imprisonment.

Which court will hear the matter

This matter is indictable which means it is dealt with in the District Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. Duress
  2. Insanity
  3. Identification i.e. not the accused
  4. Not judicial proceedings.

Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Corruption of a Witness matters)

 

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