When sentencing for a s.323(a) Crimes Act 1900 offence (influencing a witness), the absence of threats — which would constitute the separate and more serious offence under s.322(a) — cannot be treated as a mitigating factor reducing objective seriousness. The essence of a s.323(a) offence is that it strikes at the integrity of the justice system and some form of custodial sentence is normally appropriate. In domestic violence cases, the victim's expressed forgiveness and wish for leniency should carry little or no weight, and sentencing remarks must expressly address specific deterrence, general deterrence and denunciation.
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