What is Threatening Witnesses ?

It is an offence to intimidate or threaten witnesses in a manner likely to deter them from giving evidence or to influence them in their giving of evidence

Case law/Jurisdiction
An offence of Threatening Witnesses is what is known as a “Table 1” offence under the relevant legislation, which means it is to be dealt with in the Local Court unless an election is it is to be dealt with on indictment by the Department of Public Prosecutions (DPP).

The nature and elements of the offence of Threatening Witnesses were considered in (Re B(JA) (an infant) [1965] 2 All ER 168). Wherein it was held it need not be established that the witness was actually deterred or influenced. Furthermore witnesses must not be intimidated in any way, either before the trial, pending trial or after trial see-Moore v Clerk of Assize, Bristol [1971] 1 WLR 1669; Farahbakht v Midas Australia Pty Ltd [2006] NSWSC 1322, [14].

What must the prosecution prove?

Since Threatening Witnesses offence is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove each of the elements in the charge beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Threatening Witnesses.

To establish Threatening Witnesses, the prosecution must prove each of the following matters beyond reasonable doubt;

That you: Did or caused; or Threatened to do or cause;

  • an injury or detriment to any other person; and
  • Intended to influence any person not to bring material information about an indictable offence to the attention of a police officer of any other appropriate authority

The Law

Section 315A of the Crimes Act 1900 (NSW) states:

A person who threatens to do or cause, or who does or causes, any injury or detriment to any other person intending to influence any person not to bring material information about an indictable offence to the attention of a police officer or other appropriate authority has committed an offence.

“Material information” means information that a person has that might be of material assistance in securing the apprehension of a person who has committed an indictable offence, or the prosecution or conviction of any such person.

If you are charged with the offence of Threatening Witnesses what are your options?

National Criminal Lawyers employ the best criminal defence lawyers Sydney has to offer and have been successful in defending a number of Threatening Witnesses charges where the prosecution could not establish each of the elements of Threatening Witnesses. We have also achieved a number of non-convictions for Threatening Witnesses charges.

NCL offer the following options for those who have been charged with Threatening Witnesses;

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any Threatening Witnesses offence our Team at National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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