CRIME — appeals — interlocutory appeal — appeal brought after guilty verdict by jury but prior to sentence — whether interests of justice warrant grant of leave to appeal
CRIME — appeals — interlocutory appeal — where applicant convicted of perverting course of justice contrary to s 319 Crimes Act 1900 (NSW) — where impugned conduct related to offer of reward and threats made in respect of Federal Court proceedings — consideration of territorial reach of Crimes Act — consideration of text and legislative context of Part 7 of Crimes Act — whether ‘course of justice’ should be confined to course of justice ‘in and of’ or ‘in and for’ New South Wales
Quick Take
1The expression 'course of justice' in ss 312 and 319 of the Crimes Act 1900 (NSW) cannot coherently be confined to the course of justice 'in and of' or 'in and for' New South Wales; it extends to proceedings in federal courts and to proceedings not involving State legislation, because the law, jurisdiction and curial bodies involved in the administration of justice form part of a single composite body of law operating throughout the Commonwealth.
2Section 12(1)(b) of the Interpretation Act 1987 (NSW) does not require that the 'course of justice' in s 319 possess a connecting factor to the polity of New South Wales beyond the geographical nexus already established by Part 1A of the Crimes Act; the text and legislative context of Part 7 — including the definition of 'judicial tribunal' extending to arbitral panels and the abolition of the common law offence — disclose a contrary intention.
3The scope of the general offence in s 319 is not necessarily coextensive with the specific offences in Part 7; R v Lowe, which confined s 322(a) to proceedings 'in and of' New South Wales, does not control the construction of ss 312 and 319.
