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Client to serve no actual imprisonment for Attempt to Pervert the course of Justice offence

In Queensland, a person who attempts to obstruct, prevent, pervert, or defeat the course of justice is guilty of a crime (see section 140(1) of the Criminal Code Act 1899 (Qld)), The maximum penalty is 7 years imprisonment. The offence must proceed on indictment before the District Court.

The offence of attempting to pervert justice is taken very seriously by the Courts as it “strikes at the heart of the administration of justice” and ordinarily requires the defendant to serve a period of actual imprisonment.

Tyronne Thomas appeared instructing Counsel before the Brisbane District Court on 14 February 2023. His client was alleged to have approached a witness in an attempt for them to withdraw their complaint against another defendant. A significant amount of mitigating material was provided to the Court to demonstrate that Tyronne’s clients time in custody would be more difficult than an ordinary person, which the Sentencing Judge had significant regard to in determining the sentence.

Ultimately, Tyronne’s client was sentenced to 15 months imprisonment, however, was granted an immediate release on parole, meaning that he is able to serve this imprisonment in the community. This was an excellent result for his client who can now focus on his rehabilitation while remaining in the community.

 

The blog published by Rostron Carlyle Rojas is intended as general information only and is not legal advice on any subject matter. By viewing the blog posts, the reader understands there is no solicitor-client relationship between the reader and the blog published. The blog should not be used as a substitute for legal advice from a legal practitioner, and readers are urged to consult RCR on any legal queries concerning a specific situation.

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