Johnston v The Queen

The case involved Johnston, the appellant, who was charged and convicted of perverting the course of justice under section 319 of the Crimes Act 1900 (NSW). Johnston was found guilty of an act intended to influence the outcome of a criminal trial. The matter was brought before the court of appeal to determine the correctness of the conviction. The appeal centred on the interpretation of the statutory provision and whether the act or omission in question had to have a tendency to pervert the course of justice.

The court was required to decide the essential elements of the offence of perverting the course of justice under the statute. Specifically, the court had to examine whether the act or omission must have a tendency to actually pervert the course of justice or if it was sufficient that the act was done with the requisite intent. The court needed to clarify whether the mere intent to influence the outcome of a criminal proceeding, regardless of the actual impact on the proceeding, was enough to constitute the offence.

In its reasoning, the court determined that the offence of perverting the course of justice requires more than just an act done with the intent to influence a proceeding. The court found that there must be a tendency for the act or omission to actually affect the course of justice. The court emphasised that the intent alone, without an act or omission that has a tendency to pervert the course of justice, is insufficient to satisfy the statutory criteria. The appeal was allowed, and Johnston's conviction was quashed as the prosecution had not established the necessary tendency of the act to pervert the course of justice.

The final orders of the court were that Johnston's conviction was quashed, and a new trial was not ordered as the appeal was allowed on the basis of the legal error identified by the court.