Perverting the course of justice and attempting to pervert the course of justice are serious criminal offences under Victorian law, carrying a maximum penalty of 25 years imprisonment.

These charges can arise in many different situations — from tampering with or fabricating evidence, to threatening or bribing a witness, to concocting a false account to mislead investigators. Despite their similarities, the two offences are distinct, and the prosecution must prove different things depending on which charge is brought.

If you have been charged with either offence, it is important to get experienced legal advice as early as possible. At Angus Cameron and Partners, we have represented clients facing these charges across all levels of the Victorian court system.

What Do These Offences Mean?

Both offences involve doing something with the intention of disrupting the justice system. The key difference is whether court proceedings had already started and whether the conduct actually succeeded.

Perverting the course of justice requires proof that:
  • you engaged in conduct that actually disrupted the course of justice; and
  • you intended to disrupt the course of justice.
Attempting to pervert the course of justice requires proof that:
  • you engaged in conduct that had a real tendency to disrupt the course of justice; and
  • you intended to disrupt the course of justice.

What Is the “Course of Justice”?

The “course of justice” does not cover everything that happens in the criminal system. A police investigation on its own is not part of the course of justice. The course of justice begins only once formal court proceedings are underway — for example, once a charge sheet has been filed.

This distinction matters because:

  • The full offence of perverting the course of justice can only be committed once proceedings have started.
  • The attempt offence can be committed even before any charges have been laid — as long as your conduct was directed at proceedings that were likely or possible in the future.
  • The course of justice extends through to the end of the case, including sentencing and any appeals.

What Conduct Can Amount to These Offences?

There is no fixed list, but common examples include:

  • fabricating or destroying evidence;
  • threatening or bribing a witness to change their evidence;
  • pressuring someone to plead guilty when they would not otherwise have done so;
  • concocting a false account to mislead investigators or the court; and
  • any other conduct that obstructs or interferes with the proper administration of justice.

What About Intention?

Both offences require the prosecution to prove that you intended to disrupt the course of justice. You do not need to have thought about it in those exact terms — it is enough to show that you were acting for a purpose that would have disrupted justice if it had succeeded.

A belief that you were innocent of the underlying offence is not a defence. What matters is whether you intended to interfere with the justice process, not whether you thought the charges against you (or someone else) were fair.


Penalties

Both offences carry a maximum of 25 years imprisonment. These are among the most serious offences in Victorian law, and a conviction will almost always result in a significant sentence.

The actual penalty will depend on the nature and seriousness of the conduct, whether it succeeded, the stage at which it occurred, and your personal history.


Defences

Being charged does not mean you will be convicted. Depending on the facts, there may be a number of defences available:

  • No course of justice: For the full offence, if formal court proceedings had not yet started, the charge of perverting (as distinct from attempting to pervert) may not be made out.
  • No actual disruption or tendency: For the full offence, the prosecution must prove the course of justice was actually disrupted. For the attempt offence, it must show your conduct posed a real risk of disruption.
  • No relevant intention: If the prosecution cannot prove you intended to disrupt the course of justice — or that you had future proceedings in mind — the charge may fail.
  • Lawful persuasion: If your conduct amounted to no more than honest advice or legitimate persuasion, and the other person’s free choice was preserved, the conduct element may not be satisfied.
  • Insufficient or improperly obtained evidence: The prosecution must prove every element beyond reasonable doubt. Weak or unlawfully obtained evidence may provide grounds to challenge the case.

FAQs

What is the difference between the two offences?

The full offence requires that court proceedings were already underway and that your conduct actually disrupted them. The attempt offence applies even before proceedings start, and only requires that your conduct had a real tendency to disrupt future proceedings — it does not need to have succeeded.


Can I be charged if no charges had been laid at the time?

Yes, for the attempt offence. It can be committed before any court proceedings have started, as long as your conduct was directed at proceedings that were likely or possible in the future. Simply lying to police, without any connection to anticipated court proceedings, is not enough on its own.


Does it matter that my conduct didn’t actually work?

For the attempt offence, no. Even if your conduct had no real effect in the circumstances — for example, because you were dealing with an undercover officer — you can still be convicted if the type of conduct involved would ordinarily pose a real risk to the course of justice.


What if I believed I was innocent of the underlying charges?

That is not a defence. The offence is about what you did to interfere with the justice process, not whether you thought the underlying charges were justified.


What are the penalties?

Both offences carry a maximum of 25 years imprisonment. Actual sentences vary depending on the seriousness of the conduct and your personal circumstances. As a starting point, a jail time is most often imposed. We can provide a realistic assessment once we have reviewed your matter.


Do I need a lawyer?

Yes. These are serious and technically complex charges. Early legal advice is essential to understanding your position and ensuring every available defence is properly considered.


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