40
In forcePreventing witnesses from attending Court
Volume 3Parts ID to VIII (sections 23WA to 91), Schedule, Endnotes
Part IIIOffences relating to the administration of justice
Division 3Evidence and witnesses
40 Preventing witnesses from attending Court
(1)
A person (the first person) commits an offence if:
(a)
another person has been subpoenaed or summoned to attend as a witness in a judicial proceeding; and
(b)
the first person prevents the other person from attending as a witness, or from producing anything in evidence, pursuant to the subpoena or summons; and
(c)
the judicial proceeding is a federal judicial proceeding.
Penalty: Imprisonment for 1 year.
(2)
Absolute liability applies to the paragraph (1)(c) element of the offence.
Note:
For absolute liability, see section 6.2 of the Criminal Code.
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