CRIMES ACT 1914

Part III - Offences relating to the administration of justice  

Division 3 - Evidence and witnesses  

SECTION 38   DECEIVING WITNESSES  

38(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.

38(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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