Where an accused elects to have a traffic infringement dealt with by a court (rather than administratively), curial proceedings are sufficiently likely to support a charge of conspiracy to defeat the course of justice under s 135 of the Criminal Code (WA). This distinguishes the case from Bowden and Rainier, where the accused had not elected court proceedings and the evidence did not support an inference that curial processes were contemplated. A conspiracy to defeat the course of justice continues to subsist while overt acts are performed in furtherance of the agreement, even though the offence is complete upon the making of the agreement.
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