Section 324 of the Crimes Act 1900 (NSW) creates a separate and distinct offence from s 323, requiring the additional elements (criminal proceedings and intent to procure conviction or acquittal of a serious indictable offence) to be specifically alleged in the indictment. A plea of guilty to an indictment charging only s 323 cannot support sentencing on the basis of the s 324 maximum penalty. Even where circumstances of aggravation merely increase the maximum penalty (rather than creating a separate offence), failure to charge them in the indictment may constitute a miscarriage of justice where the accused was probably unaware of the increased maximum at the time of plea.
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