7.8.3.2 – Checklist: Perverting the course of justice

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Two elements the prosecution must prove beyond reasonable doubt:

1. The accused engaged in conduct that perverted the course of justice; and

2. The accused intended for that conduct to pervert the course of justice.

Perversion of the course of justice

1. Did the accused’s conduct interfere with the administration of justice by a court?

If Yes, then go to 2

If No, then the accused is not guilty of perverting the course of justice

Intention to pervert the course of justice

2. Did the accused intend to pervert the course of justice?

If Yes, then the accused is guilty of perverting the course of justice (as long as you have answered yes to question 1)

If No, then the accused is not guilty of perverting the course of justice

Last updated: 12 September 2019

See Also

7.8.3 - Perverting and attempting to pervert the course of justice

7.8.3.1 - Charge: Perverting the course of justice

7.8.3.3 - Charge: Attempting to pervert the course of justice (Course of justice commenced)

7.8.3.4 – Checklist: Attempting to pervert the course of justice (Course of justice commenced)

7.8.3.5 - Charge: Attempting to pervert the course of justice (No course of justice commenced)

7.8.3.6 – Checklist: Attempting to pervert the course of justice (No course of justice commenced)