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

Click here for a Word version of this document for adaptation

Two elements the prosecution must prove beyond reasonable doubt:

1. The accused engaged in conduct that had the tendency to pervert the course of justice; and

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

Attempting to pervert the course of justice

1. Did the accused engage in conduct that posed a real risk or possibility of interfering with a court proceeding?

If Yes, then go to 2

If No, then the accused is not guilty of attempting to pervert 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 attempting to pervert the course of justice (as long as you have answered yes to Question 1)

If No, then the accused is not guilty of attempting to pervert the course of justice

Last updated: 13 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

7.8.3.2 – Checklist: Perverting the course of justice

7.8.3.3 - Charge: 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)