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Criminal Law Blog NSW

There are different kinds of offences and penalties against the current justice system.

Some of the major offenses are escape, perjury, attempt pervert the court of justice, reprisal against public justice officers, jurors and witnesses etc.

(a) Escape

Escape means a fully intentional and conscious withdrawal from the court custody. Basically a person who has got a bail but still flies away from the court custody is convicted for common law escape. Now anybody who makes an escape has to have the full intention to fly away. If it is somehow proved otherwise, that means, if somehow it is proved that the suspected escapee did not have any kind of intention to break the parole, it was accidentally broken or somehow he had been influenced to break it then obviously the accused have to be acquitted.

There are certain protocols to determine to determine which one is an escape and which one is not. Most of the time, when a person has been set free in parole, he is ordered not to leave the city or the country under any circumstances. So if any person tries to take the advantage of that freedom given by the law and tries to break the parole and run away then it will lawfully be called an escape. And also, if any prisoner breaks out of any prison and run away, of course that will also be called an escape.

(b) Perjury

Perjury is basically to lie while making an oath standing in front of the judge and jury. Giving any kind of false statement also lies under perjury offense. For establishing this offense, the accused must be in some sort of connection with any judicial proceedings, give a false statement on oath about any matter related to the proceeding knowing the fact that whatever he is stating is a lie. The jury must prove that whatever the accused stated was a lie or at least the accused knew it at the time of saying that it was a lie. If it is proved somehow that whatever the accused stated was a lie, but he didn’t knew it, which means it was an honest mistake, then the accused must be acquitted at once.

The penalty for making perjury offence is maximum 6 months’ imprisonment or maximum 9 months. Rather than very few exceptional cases, most of the accused that are charged for perjury has to go to jail.

(c) Attempt Pervert the Course of Justice

Any attempt to pervert the course of justice means to create a hindrance or to prevent the course of justice or any law of administration. Here administration of law means administration of the criminal and the civil courts and tribunals also. The crown cannot use the charge for an attempt to pervert the course of justice if the facts are perjury.

(d) Reprisals against the Public Justice Officials, Jurors and Witnesses

It is more like a personal vendetta. It works in this way, the accused thinks the jurors, and witnesses have make him go to jail so he will also take revenge against them and make them pay for what they did. This offense can sometimes become huge. The penalty for this offense (if proved) is maximum 10 years’ imprisonment.

(e) Contempt of Court

The maximum penalty for contempt the court offense is a 5 years’ imprisonment.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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