Threating Witnesses

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What is Threating 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 Threating 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].

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.

What must the prosecution prove?

Since Threating 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 Threating Witnesses.

To establish Threating 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

If you are charged with the offence of Threating 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 Threating Witnesses charges where the prosecution could not establish each of the elements of Threating 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 Threating 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.

Pleading Guilty

If you agree that you have committed the offence and the police are able to prove all the elements of the offence, it is best to plead guilty at an early opportunity to receive the maximum discount. Currently the maximum discount available for an early plea of guilty is 25% of the sentence.

Furthermore, the early guilty plea shows the Court that you have remorse and contrition for your actions.

Our Lawyers at National Criminal Lawyers work closely with you to ensure that we obtain all necessary paper work at increasing the chances of obtaining a non-conviction or section 10.

Maximum Penalties

Threatening witnesses offenders can be punished with a prison sentence of up to 2 years (if heard in the Local Court) or up to 7 years (If heard in the District Court).

Please note these penalties are reserved for the worst kind of offending and are unlikely to be what you would receive.

Pleading Not Guilty

If you decide to plead not guilty you will need to prepare to go to a Defended Hearing.

A defended hearing is where all the witnesses of that case are called to give evidence. The witnesses are both examined by the prosecution and tested by your defence lawyers.

National Criminal Lawyers have defended numerous people charged with Threating Witnesses and are experts at these hearings.

Defences

Some of the possible defences available for those charged with Threating Witnesses can include;

  • That you did not carry out the act alleged;
  • That your threats or intimidation was not intended to influence;
  • That the information not disclosed by virtue of your threats/intimidation was not material to the apprehension, prosecution or conviction of a person;
  • If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue “Duress”; or
  • If your actions were necessary to prevent a greater harm from occurring, you may have the defence of “Necessity”.

Statistics

The Courts are not bound by statistics however there must be reasonable consistency in sentences. A Magistrate or Judge should have regard to what has been done in other cases. In Green [2011] HCA 45, the plurity judgement of French CJ, Kiefel and Creennan JJ stated:

“Equal Justice” embodies the norm expressed in the terms “equality before the law”. It is an aspect of the rule of law.

For Threating Witnesses 33% of offenders received full time imprisonment whereas 33% received a community service order (CSO) and 33% received a s9 good behaviour bond.

Possible Penalty's

In NSW, a court can impose any of the following penalties for a Threating Witnesses charge.

  • Prison sentence;
  • Home Detention;
  • Intensive correction order (previously periodic detention);
  • Suspended sentence;
  • Community service order (CSO);
  • Good behaviour bond;
  • Fine; and/or
  • Section 10.

However, from the 24 September 2018 new penalty’s will be replacing the above. They are as follows:

  • Full time Imprisonment;
  • New ICO (ICO) with a home detention condition available;
  • New Community Correction Order (CCO);
  • Fine and/or
  • New Conditional release Order (CRO)

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. We get the results

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. We give a Senior Defence Lawyer guarantee

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 Threating 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.

Book your first free appointment with National Criminal lawyers now.
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