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These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Influencing Witness - s.323(a) Crimes Act

Section 323(a) Crimes Act
A person who does any act:
(a) intending to procure, persuade, induce or otherwise cause any person called or to be called as a witness in any judicial proceeding to give false evidence or withhold true evidence or to not attend as a witness or not produce any thing in evidence pursuant to a summons or subpoena
Maximum penalty: 7 years

Section 324 Crimes Act – Increased penalty if serious indictable offences involved
Maximum penalty: 14 years

Case
(age if known)

OffencePleaSentenceAppealRecordFacts

Biddle

NSWCCA 6.3.1997

s.323(a) [7y] PG

8m

PD

 

Re-sentenced on breach to FT 9m

AA

MT 25w

AT 11w

dishonesty

Female offender faced public mischief and driving offences - threatened witness not to give evidence or offender would bring charges against witness' friend and "make things happen."

Very difficult background

Waskin

(2003) 141 A Crim R 1

NSWCCA

s.323(a) [7y]VGFine $2000

Crown AA

18m PD

nilPharmacist used employee to deliver large quantities of Sudafed –– charged with drug offences – put pressure on employee to give misleading evidence to police.

Lenard

 

 

 

 

 

 

 

 

 

 

Fail

 

[2006] NSWCCA 345

s.323(a) [7y]

 

 

 

Demand money with menaces s.99(1)

 

 

 

 

 

 

s.323(a) [7y]

 

 

Demand money with menaces s.99(1)

VG

 

 

 

 

 

 

 

 

 

 

VG

1y 11m

NPP 1y 5m

 

 

2y 9m

NPP 1y 2m

 

Total:

3y 2m

NPP 1y 7m

 

2y

NPP 18m

 

3y

NPP 1y 3m

 

Total:

3y 6m

NPP 1y 9m

Crown AA

3y

NPP 18m

 

4y

NPP 1y 7m

 

Total:

4y 6m

NPP 2y 1m

 

3y

NPP 18m

 

4y

NPP 1y 9m

 

Total

4y 6m

NPP 2y 3m

 L's uncle stole goods from victim – both offenders subjected victim to extortion campaign demanding money in return for goods – further demanded victim change police statement in order to exculpate uncle

Warby

(2007) 171 A Crim R 575

s.323(a) [7y]

PG

(10%)

2y

NPP 18m

AA

1y 4m

NPP 1y

Assault, sexual assault, driving – breached bond

Facing charges of larceny in Local Court – approached witness and said "just tell the cop I wasn't involved …"

SJ erroneously sentenced for aggravated offence under s.324

Black
(19)

[2008] NSWCCA 337

s.323(a) [7y]

PG

(20%)

5y

NPP 3y

AA

3y

NPP 18m

Mal wound; car theft

From gaol sent witness threatening letters

Substance abuse – difficult background – youth.

Burton

[2008] NSWCCA 128

s.323(a) [7y]

 

 

 

Common assault

 

AOABH

 

Common assault

 

AOABH

 

Detain with intent obtain advantage

 

Common assault

PG

(25%)

3y GBB

 

 

 

FT 3m

 

FT 6m

 

FT 9m

 

FT 18m

 

2y 6m

NPP 18m

 

2y GBB

 

Total

2y 9m

NPP 1y 9m

Crown AA

3y

NPP 2y

 

FT 6m

 

FT 9m

 

FT 9m

 

FT 18m

 

3y

NPP 2y 6m

 

FT 14m

 

Total

4y 6m

NPP 3y

On parole.Subjected partner to domestic violence – while in custody made number of persistent telephone calls to partner attempting to influence her to withdraw charges

Asplund
(62)

[2014] NSWCCA 237

s.323(a) [14y]

 

 

Possess child pornography

PG

4y

NPP 1y 6m

 

FT 9m

 

Total:

4y 9m

NPP 2y 3m

AD Charged with offences relating to sexually explicit communication and grooming of 13y child – had 17y son write statement to police taking responsibility for communications – also had son obtain supporting statements from two friends – extended period of offending – found in possession of child pornography on computer

Cross
(32)

[2016] NSWCCA 214

s.323(a) [14y]

PG

(25%)

5y

NPP 3y

AA

3y 6m

NPP 2y

On bond.

On remand for AOABH and reckless wounding against female ex-partner – made numerous phone calls to persuade victim to give false evidence, withhold true evidence and not attend as prosecution witness

Good rehabilitation.

On appeal - manifestly excessive - phone calls not accompanied by threats of violence

Last updated: 23/10/2017