Proof of an offence under s 319 of the Crimes Act 1900 (NSW) does not require proof that the act or omission had a tendency to pervert the course of justice. The only elements are: (1) the accused did an act or made an omission; and (2) at the time of doing so, the accused intended in any way to pervert the course of justice. However, evidence of tendency remains relevant to proof of intent. This resolves the question left open by the plurality in The Queen v Beckett at [45].
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