R v Aydin

[2005] VSCA 85

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Offences against the administration of justice
3. › Attempting to pervert the course of justice
4. › Element of tendency to pervert
5. › Whether only abstract or theoretical tendency required
6. › Whether controlled police operation negates tendency
7. › Crimes Act 1958 (Vic), s 320
1. Criminal Law
2. › Offences against the administration of justice
3. › Attempting to pervert the course of justice
4. › Distinction between substantive offence and statutory attempt
5. › Crimes Act 1958 (Vic), ss 320, 321M, 321S
1. Criminal Law
2. › Trial
3. › Jury questions during deliberations
4. › Whether failure to disclose full terms of jury question to counsel denied procedural fairness
5. › Abandonment of objection at trial

Quick Take

The offence of attempting to pervert the course of justice requires only an abstract or theoretical tendency to pervert the course of public justice. The fact that a police operation is controlled, or that the target officer would not in fact be influenced, does not negate the tendency element. A person can be convicted of attempting to pervert the course of justice even if the attempt could never have succeeded in the particular circumstances, provided the acts were of a kind capable in the abstract of perverting justice.