CRIMES ACT 1914 – SECT 38 Deceiving witnesses

CRIMES ACT 1914 – SECT 38 Deceiving witnesses

             (1)  A person (the first person ) commits an offence if:

                     (a)  the first person:

                              (i)  practises any fraud or deceit to a person called, or to be called, as a witness in a judicial proceeding; or

                             (ii)  makes or exhibits any false statement, representation, token or writing to a person called, or to be called, as a witness in a judicial proceeding; and

                     (b)  the first person does so with the intention of affecting the testimony of the other person; and

                     (c)  the judicial proceeding is a federal judicial proceeding.

Penalty:  Imprisonment for 2 years.

             (2)  Absolute liability applies to the paragraph (1)(c) element of the offence.

Note:          For absolute liability, see section 6.2 of the Criminal Code .

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