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R v Einfeld

R v Einfeld

Case [2008] NSWCCA 215 14 October 2008

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NEW SOUTH WALES COURT OF CRIMINAL APPEAL

CITATION:
Einfeld v R [2008] NSWCCA 215
This decision has been amended. Please see the end of the judgment for a list of the amendments.

FILE NUMBER(S):
2008/00000240

HEARING DATE(S):
17/6/08

JUDGMENT DATE:
14 October 2008

PARTIES:
Marcus Richard Einfeld (Appellant)
Regina (Respondent)

JUDGMENT OF:
Bell JA Hulme J Latham J

LOWER COURT JURISDICTION:
Supreme Court

LOWER COURT FILE NUMBER(S):
2008/240001

LOWER COURT JUDICIAL OFFICER:
James J

LOWER COURT DATE OF DECISION:
19/5/08

COUNSEL:
D Campbell SC / T Moisidis (Appellant)
W G Roser SC (Respondent)

SOLICITORS:
Verekers Lawyers (Appellant)
S Kavanagh (Respondent)

CATCHWORDS:
CRIMINAL LAW – appeal s 5F(3) – demurrer/application to quash counts in indictment – jurisdiction – applicant not arraigned on indictment.
CRIMES ACT – perverting the course of justice – definition s 312 meaning of “administration of the law” in offence in s 319 – statutory interpretation – assumption against extending the scope of a penal statute

LEGISLATION CITED:
Annual Holidays Act 1944
Bio Fuel (Ethanol Content) Act 2007
Crimes Act 1900 (NSW)
Crimes Act 1914 (Cth)
Crimes Amendment (Gang and Vehicle Related Offences) Act 2001
Crimes Amendment (Sexual Offences) Act 2003 (NSW)
Crimes Legislation Amendment (Procedure) Act 1997 (NSW)
Crimes (Public Justice) Amendment Act 1990
Criminal Appeal Act 1912 (NSW)
Criminal Appeal (Amendment) Act 1987
Criminal Code (Qld)
Criminal Code (WA)
Criminal Code Consolidation Act 1935 (SA)
Criminal Procedure Act 1986 (NSW)
Fines Act 1996 (NSW)
Interpretation Act 1967 (NSW)
Interpretation Act 1987 (NSW)
Justices Act 1902
Mental Health (Criminal Procedure) Act 1990 (NSW)
Oaths Act 1900 (NSW)
Road Transport (General) Act 1999 (NSW)
Statutes Amendment and Repeal (Public Offences) Act 1992
Statutory Declaration Act 1959 (Cth)
Traffic Act 1909 (NSW)

CATEGORY:
Principal judgment

CASES CITED:
Al-Kateb v Godwin [2004] HCA 37; 219 CLR 562
Attorney General (NSW) v Stuart (1994) 75 A Crim R 8
Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation [1981] HCA 26; (1981) 147 CLR 297
Environment Protection Authority v Australian Iron & Steel Pty Ltd (1992) 28 NSWLR 502
Ex Parte Fitzgerald: Re Gordon (1945) 45 SR(NSW) 182
Harrison v Melham [2008] NSWCA 67
Krakouer v R [1998] HCA 43; 194 CLR 202
Lane v The Registrar of the Supreme Court of New South Wales (Equity Division) [1981] HCA 35; (1981) 148 CLR 245
Maroney v R [2003] HCA 63; 216 CLR 31
R v Orcher [1999] NSWCCA 356; 48 NSWLR 273 at 277
John Fairfax Publications Pty Ltd v District Court of New South Wales [2004] NSWCA 324
Plaintiff s157/2002 v The Commonwealth of Australia [2003] HCA 2; 211 CLR 476
Police v Zammitt [2007] SASC 37
Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355
R v Boston [1923] HCA 59; (1923) 33 CLR 386
R v Carroll [1913] VLR 380
R v Charles, Court of Criminal Appeal (unreported) 23 March 1998
R v Edelsten (1989) 18 NSWLR 213
R v Giovannone [2002] NSWCCA 323

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Einfeld

Details

AGLC: R v Einfeld [2008] NSWCCA 215
Case: [2008] NSWCCA 215
Decision Date: 14 October 2008

CaseChat Overview and Summary

The case of R v Einfeld was heard in the New South Wales Court of Criminal Appeal. The applicant, Einfeld, sought to have certain counts in an indictment quashed on the basis that they did not constitute an offence known to law. The Crown argued against the quashing of the counts, and the court had to determine whether the offence of perverting the course of justice under s 319 extended to conduct intended to obstruct, prevent, or defeat a government body in the exercise of its functions in applying and enforcing the law.

The primary legal issue before the court was whether the offence of perverting the course of justice under s 319, by reason of the inclusion of the expression “the administration of the law” in s 312, extended to conduct that is intended to obstruct, prevent, or defeat a government body in the exercise of its functions in applying and enforcing any of the laws of the state. The court also had to consider the principles surrounding applications to quash counts in an indictment under s 5F of the Crimes Act.

James J concluded that the offence of perverting the course of justice did extend to the conduct in question, finding persuasive the obiter observations made in R v Subramaniam. The court emphasised the importance of not interrupting criminal proceedings by the bringing of applications under s 5F, citing several precedents. However, given the uncertainty surrounding the interpretation of s 319, the court granted leave for the application to proceed. The court noted that the evidence proposed by the Crown could potentially establish a prima facie case against Einfeld.

The court did not make final orders in this case but granted leave for the application to proceed, allowing the matter to be heard on its merits. This decision ensures that the interpretation of s 319 and its scope in relation to perverting the course of justice will be fully examined in the subsequent proceedings.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

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Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

Section 319 provides:“A person who does any act, or makes any omission, intending in any way to pervert the course of justice, is liable to imprisonment for 14 years.”Section 312 provides: “A reference in this Part to perverting the course of justice is a reference to obstructing, preventing, perverting or defeating the course of justice or the administration of the law.” (Emphasis added) Neither the demurrer, nor the contention that each of counts 1 to 5 charged an offence not known to the law, was pressed on the hearing before James J. Mr Campbell’s submission was that the evidence that the Crown proposes to adduce is not capable of establishing a prima facie case against the applicant. The issue raised by the application is whether the offence of perverting the course of justice under s 319, by reason of the inclusion of the expression “the administration of the law” in s 312, extends to conduct that is intended in any way to obstruct, prevent or defeat a government body in the exercise of its functions in applying and enforcing any of the laws of this State. In concluding this issue against the applicant, James J considered he should treat the obiter observations of this Court in R v Subramaniam [2002] NSWCCA 372 as being highly persuasive. The Crown Prosecutor opposed the grant of leave. He relied on decisions in which this Court has emphasised that it is undesirable to interrupt criminal proceedings by the bringing of applications under s 5F: R v Matovski (1989) 15 NSWLR 720; R v Waterhouse (1992) 62 A Crim R 59; Saunders v R (1994) 72 A Crim R 347; Attorney General (NSW) v Stuart (1994) 75 A Crim R 8 at 10. The principles are conveniently set out in R v Dinh [2000] NSWCCA 536 per Simpson and Howie JJ (Fitzgerald JA agreeing) at [34]. In Waterhouse it was accepted that an order refusing to quash an indictment was an interlocutory order within the meaning of s 5F(1). The issue raised by the application concerns the scope of the offence under s 319, and has not been previously determined. The obiter observations made in Subramaniam are attended by sufficient doubt to make it appropriate, in the interests of justice, to grant leave. James J summarised the evidence on which the Crown proposes to rely as follows:“Count 1On 4 September 1999 a camera-detected traffic offence was committed by the driver of a vehicle allocated to Mr Einfeld for his personal use by the Federal Court of Australia of which he was then a judge. A penalty notice for the offence was issued by the Infringement Processing Bureau. On 20 October 1999 Mr Einfeld made a statutory declaration, which he sent to the Bureau, in which he asserted that at the time of the offence the vehicle was being driven by Professor N.D. Levick of Florida Atlantic University, Florida United States of America. The Crown alleges that this assertion was false; that the Professor Levick referred to in the declaration was not in Australia at the time of the offence. Counts 2 and 3On 4 February 2003 a camera-detected traffic offence was committed by the driver of a vehicle owned by Mr Einfeld. A penalty notice for the offence was issued by the Infringement Processing Bureau.On 4 May 2003 Mr Einfeld made a statutory declaration, which he sent to the Bureau, in which he asserted that at the time of the offence the vehicle was being driven by ‘Theresa Brennan Florida Atlantic University Florida USA’ (count 2). On 21 May 2003 Mr Einfeld made a further statutory declaration, which he sent to the Bureau, in which he asserted that at the time of the offence the vehicle was being driven by ‘Theresa (Prof) Brennan Florida Atlantic University Florida USA’ (count 3). The Crown alleges that the assertion in each statutory declaration was false. The person referred to in each declaration, Professor Theresa Brennan of Florida Atlantic University in the United States, had died in the United States on 3 February 2003. Counts 4 and 5On 29 November 2003 a camera-detected traffic offence was committed by the driver of a vehicle owned by Mr Einfeld. A penalty notice for the offence was issued by the Infringement Processing Bureau. On 10 February 2004 Mr Einfeld made a statutory declaration, which he sent to the Bureau, in which he asserted that at the time of the offence the vehicle was being driven by ‘Dr Tim Oliver Derbyshire England’ (count 4). On 10 April 2004 Mr Einfeld made a further statutory declaration, which he sent to the Bureau, in which he asserted that at the time of the offence the vehicle was being driven by ‘Tim Oliver Hampton Court Derbyshire England’ (count 5).The Crown alleges that the assertion in each statutory declaration was false. The person referred to in each declaration, Timothy Patrick Oliver, was not in Australia at the time of the offence. (Judgment, [7]-[14]).”

Actions

Citations

R v Einfeld [2008] NSWCCA 215

Most Recent Citation

Environment Protection Authority v Koppers Carbon Materials and Chemicals Pty Ltd (the Spill Incident) [2021] NSWLEC 12

Cases Citing This Decision

Burton v The King [2024] NSWCCA 213
Citation 1 (Para 38)

…ation of the process of criminal justice”: Rosamond at [8] per Garling J (Button and Wilson JJ agreeing), citing R v Einfeld (2008) 71 NSWLR 31 ; [2008] NSWCCA 215 (“ Einfeld ”) at [23] per the Court.…
Rosamond v The The King [2022] NSWCCA 251
Citation 2 (Para 8)

…to the requirement to obtain leave is to prevent, or minimise, the fragmentation of the process of criminal justice: R v Einfeld (2008) 71 NSWLR 31; [2008] NSWCCA 215 at [23].…
Sayer-Jones v The The Queen [2022] NSWCCA 99
Citation 3 (Para 10)

…is the reluctance of courts to fragment criminal proceedings (see Parker v Taylor (1994) 68 ALJR 496 at 496E; R v Einfeld (2008) 71 NSWLR 31 at 37; [2008] NSWCCA 215 at [23]–[25]). It has been said in this regard that appellate courts “will not interfere with the orderly progress of a first instance trial in the abs…
XY v The Council of the Law Society of New South Wales [2021] NSWSC 1263
Citation 4 (Para 6)

…quashed on the basis that the alleged conduct had occurred prior to the commencement of “the course of justice”: Einfeld v R (2008) 71 NSWLR 119; [2008] NSWCCA 215. The accused subsequently pleaded guilty to the remaining counts and was sentenced: R v Einfeld [2009] NSWSC 119. The NSW Bar Association relied on the c…
Environment Protection Authority v Koppers Carbon Materials and Chemicals Pty Ltd (the Spill Incident) [2021] NSWLEC 12
Citation 5 (Para 79)

…nfringement notice who does not elect to have the matter dealt with by a court is deemed to be guilty of the offence: R v Einfeld (2008) 71 NSWLR 31; [2008] NSWCCA 215 at [30]. Even so, there can be no conviction until some act on the part of a court whereby it has determined the question of guilt and, as such, the…
Hammoud v The Queen [2020] NSWCCA 339
Citation 6 (Para 23)

…in criminal cases to the requirement to obtain leave is to prevent or minimise the fragmentation of the process of criminal justice: R v Einfeld [2008] NSWCCA 215; 71 NSWLR 31 at [23].…
SC v The Queen [2020] NSWCCA 314
Citation 7 (Para 45)

…this Court is reluctant to grant leave to appeal so as to avoid the fragmentation of the process of criminal justice (Einfeld v R (2008) 71 NSWLR 31; [2008] NSWCCA 215 at [23]). Nevertheless, the combination of three factors warranted the grant of leave. The first was that the application raised issues of constructi…
Johnston v The Queen [2019] NSWCCA 108
Citation 8 (Para 50)

…ions). The history of Part 7 was recounted, and its provisions were subjected to searching analysis, in R v Einfeld (2008) 71 NSWLR 31; [2008] NSWCCA 215.…
Chen (Yan Ping) v Director of Public Prosecutions [2018] NSWSC 783
Citation 9 (Para 53)

…e been approved in subsequent decisions and equivalent formulations of principle have been expressed: see for example R v Einfeld (2008) 71 NSWLR 31; [2008] NSWCCA 215 at [23]; NAR v PPC1 (2013) 224 A Crim R 535; [2013] NSWCCA 25 [14]-[17]. In the present case the learned magistrate’s decision on the relevant questi…
MK v The Queen [2018] NSWCCA 105
Citation 10

…8 [34]). The Court should bear in mind the undesirability of interrupting criminal proceedings by the bringing of a s 5F application: R v Einfeld [2008] NSWCCA 215; (2008) 71 NSWLR 31 at 37 [23]-[25].’ 7 Where the application relates to the discretionary decision of a trial Judge refusing to adjourn a criminal trial…
BM v R [2017] NSWCCA 253
Citation 11 (Para 23)

…rs in criminal cases to the requirement to obtain leave is to prevent or minimise the fragmentation of the process of criminal justice: R v Einfeld [2008] NSWCCA 215; 71 NSWLR 31 at [23]. [11] Fifthly, an appeal from an interlocutory judgment on an application for separate trials, is subject to the degree of appella…
KN v R [2017] NSWCCA 249
Citation 12

…48 [34]). The Court should bear in mind the undesirability of interrupting criminal proceedings by the bringing of a s 5F application: R v Einfeld [2008] NSWCCA 215; (2008) 71 NSWLR 31 at 37 [23]-[25].”…
Beckett v The Queen [2014] NSWCCA 305
Citation 13 (Para 1)

…osition of conduct engaged in during the course of administrative and revenue collection systems by officers enforcing those systems: see R v Einfeld [2008] NSWCCA 215; 71 NSWLR 31, from the situation here, where the applicant had been warned " of possible prosecution action as one aspect of the tax investigation th…
Cunneen v Independent Commission Against Corruption [2014] NSWCA 421
Citation 14 (Para 1)

…ere no proceedings before any court or tribunal. That proposition was said to derive from the judgment of the Court of Criminal Appeal in R v Einfeld [2008] NSWCCA 215; (2008) 71 NSWLR 31 (Bell JA, RS Hulme and Latham JJ) at [89]. Einfeld involved an appeal from a refusal to quash counts in an indictment involving o…
Cunneen v Independent Commission Against Corruption [2014] NSWSC 1571
Citation 15 (Para 1)

…ority to do justice. On that issue, the plaintiffs relied upon R v Rogerson [1992] HCA 25; 174 CLR 268 at 280 (Brennan and Toohey JJ) and Einfeld v R [2008] NSWCCA 215; 71 NSWLR 31 at [89] - [99].…
DSJ v R; NS v R [2014] NSWCCA 77
Citation 16 (Para 1)

…ders in criminal cases to the requirement to obtain leave is to prevent or minimise the fragmentation of the process of criminal justice: R v Einfeld [2008] NSWCCA 215; 71 NSWLR 31 at [23].…
Palumbo v The State of Western Australia [2014] WASCA 55
Citation 17

…[2013] WASCA 118; (2013) 45 WAR 168 Chowdhury v Kenny [No 2] [2012] WASCA 35 Director of Public Prosecutions v Doot [1973] AC 807 Einfeld v The Queen [2008] NSWCCA 215; (2008) 71 NSWLR 31 Giorgianni v The Queen [1985] HCA 29; (1985) 156 CLR 473 Lipohar v The Queen [1999] HCA 65; (1999) 200 CLR 485 Meissner v The Que…
Director of Public Prosecutions v Khoury [2014] NSWCA 15
Citation 18 (Para 1)

…with respect to powers involving deprivation of liberty, a construction favourable to the liberty of the individual should be preferred: R v Einfeld [2008] NSWCCA 215; 71 NSWLR 31 at [92] (Bell JA, Hulme J and Latham J), citing various authorities, including Spigelman CJ in R v Orcher [1999] NSWCCA 356; 48 NSWLR 27…
PPC v Williams [2013] NSWCCA 286
Citation 19 (Para 1)

…orders in criminal cases to a requirement to obtain leave is to prevent or minimise the fragmentation of the process of criminal justice: R v Einfeld [2008] NSWCCA 215; 71 NSWLR 31 at [23].…
Rainier v The State of Western Australia [2013] WASCA 119
Citation 20 (Para 2)

…e Code and attempting to pervert the course of justice; and (d)the decision of the Court of Criminal Appeal of New South Wales in Einfeld v The Queen [2008] NSWCCA 215; (2008) 71 NSWLR 31.…
Bowden v The State of Western Australia [2013] WASCA 118
Citation 21

…Chowdhury v Kenny [No 2] [2012] WASCA 35 Einfeld v The Queen [2008] NSWCCA 215; (2008) 71 NSWLR 31 Healy v The Queen (1995) 15 WAR 104 Meissner v The Queen [1995] HCA 41; (1995) 184 CLR 132 Mikulic v The State of Western Australia [2011] WASCA 14 Police v Laughton [2012] SASC 102; (2012) 113 SASR 132 R v Murphy [198…
NAR v PPC1 [2013] NSWCCA 25
Citation 22 (Para 1)

…rs in criminal cases to a requirement to obtain leave is to prevent or minimise the fragmentation of the process of criminal justice (see R v Einfeld [2008] NSWCCA 215; 71 NSWLR 31 at [23] and the cases there cited). As I have stated one trial date has already been vacated due to this application and another trial d…
Slotboom v R [2013] NSWCCA 18
Citation 23

…at 48 [34]). The Court should bear in mind the undesirability of interrupting criminal proceedings by the bringing of a s.5F application: R v Einfeld [2008] NSWCCA 215; (2008) 71 NSWLR 31 at 37 [23]-[25]."…
Re Lobo and Department of Immigration and Citizenship [2011] AATA 705
Citation 24

…Director General, Premier’s Department [2002] NSWADT 277 R v Burgess; Ex parte Henry (1936) 55 CLR 608 R v Corak 24/11/1967 NSWCCA R v Einfeld [2008] NSWCCA 215; (2008) 71 NSWLR 31; 252 ALR 375 R v Shoreditch County Court Registrar, ex p. Saxon Finance Corporation [1938] 1 KB 402 Re Altman and Family Court (1992) 2…
Agius v The Queen [2011] NSWCCA 119
Citation 25 (Para 1)

…at 48 [34]). The Court should bear in mind the undesirability of interrupting criminal proceedings by the bringing of a s.5F application: R v Einfeld [2008] NSWCCA 215; 71 NSWLR 31 at 37 [23]-[25].…
R v OM [2011] NSWCCA 109
Citation 26 (Para 1)

…thrust of the respondent's argument was that the decision of the Court of Criminal Appeal (comprising Bell JA, RS Hulme and Latham JJ) in Einfeld v R [2008] NSWCCA 215; 71 NSWLR 31 had clarified the scope of section 319 of the Crimes Act (headed "general offence of perverting the course of justice"), with the result…
Queanbeyan City Council v Environment Protection Authority [2011] NSWCCA 108
Citation 27 (Para 1)

…ion of the court at this stage of the proceedings ( R v Matovski (1989) 15 NSWLR 720 at 723. See also R v Dinh [2000] NSWCCA 536 at [34]; R v Einfeld [2008] NSWCCA 215; 71 NSWLR 31).…
Ishac v The Queen [2011] NSWCCA 107
Citation 28 (Para 1)

…The applicant placed great weight on Einfeld v R [2008] NSWCCA 215; (2008) 71 NSWLR 31. That case concerned the making of false statutory declarations in relation to offences committed under transport legislation which provided for penalty notices to be issued. The penalty notices were an administrative procedure fo…
Tourni v R [2010] NSWCCA 317
Citation 29

…Independent Commission Against Corruption Act 1988 Telecommunications (Interception) Act 1979 CATEGORY: Principal judgment CASES CITED: Einfield v R [2008] NSWCCA 215 John L Pty Ltd v Attorney-General (NSW) [1987] HCA 42; 163 CLR 508 Lodhi v R [2006] NSWCCA 121 Marinellis v R [2006] NSWCCA 307 R v Blanko [1999] NSW…
Hosseini v R [2009] NSWCCA 52
Citation 30

…ion under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Postiglione v The Queen (1997) 189 CLR 295 Einfield v R [2008] NSWCCA 215 R v Colin [2000] NSWCCA 236 R v Deng (1996) 91 A Crim R 80 R v Halls [2008] NSWCCA 251 R v Harmouche (2005) 158 A Crim R 357 R v M.A.K; M.S.K [2006]…
McEwen v Simmons [2008] NSWSC 1292
Citation 31

…rincipal judgment CASES CITED: Pearce v The Queen (1998) 194 CLR 610 Holland v The Queen (2005) 154 A Crim R 376 R v Sharpe [2001] SCR 45 Einfeld v R [2008] NSWCCA 215 PARTIES: Alan John McEwen (Plaintiff/Appellant) Senior Constable Scott Simmons (First Defendant/First Respondent) New South Wales Police Service (Sec…
R v Kim, Gwan Hong [2008] NSWDC 349
Citation 32

…TION CITED: Migration Act Australian Crime Commission Act 2002 Crimes Act 1914 CASES CITED: R v Aristodemou unreported, NSWCCA 30/6/1994 R v Einfeld [2008] NSWCCA 215 R v Daniel James Rodd (Qld Supreme Court, per Wilson J, 27/6/08) R v Nash (2008) SASR 109 R v Dean Colin Abell [2007] QCA 448 R v Geoffrey John Seanig…
Einfeld v The Queen (No 2) [2008] NSWCCA 243
Citation 33

…ION CITED: Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 Evidence Act 1995 (NSW) CATEGORY: Consequential orders CASES CITED: Einfeld v R [2008] NSWCCA 215 John Fairfax Publications Pty Limited v District Court of New South Wales [2004] NSWCA 324 John Fairfax and Sons Limited v Police Tribunal of New Sou…

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Cases Cited

R v Orcher [2016] NSWSC 627
Citation 1 (Para 5)

…1945) 45 SR(NSW) 182 per Jordan CJ at 186 and Krakouer v R [1998] HCA 43; 194 CLR 202 per McHugh J at 223 [62]-[64]. In R v Orcher [1999] NSWCCA 356; 48 NSWLR 273 at 277 [16], Spigelman CJ, in considering whether a police officer is a “public justice official” for the purposes of Part 7, referred to, “the well-…
CTM v The Queen [2008] HCA 25
Citation 2 (Para 8)

…The Chief Justice’s observations, set out above, were affirmed in the joint reasons in CTM v R [2008] HCA 25; 82 ALJR 978 at 982 [7]. In CTM, the issue was whether the Crimes Amendment (Sexual Offences) Act 2003 (NSW), which removed the statutory defence provided for in s 77(2)(c), with respect to the offence un…
Harrison v Melhem [2008] NSWCA 67
Citation 3 (Para 1)

…the Minister’s speech and the Explanatory Note: s 34 of the Interpretation Act 1987 (NSW). However, as Spigelman CJ explained in Harrison v Melham [2008] NSWCA 67 [12]-[16] (see also Mason P at [159]-[173]), the task is directed to the objective intention of Parliament and not the subjective intention of the Mini…
Police v Zammitt [2007] SASC 37
Citation 4 (Para 3)

…In Police v Zammitt [2007] SASC 37, David J decided an appeal from the decision of a magistrate dismissing charges brought against the respondents, Work Care South Australia Pty Ltd and its director, who were charged with two offences of attempting to pervert the course of justice contrary to s 256(1). The charge…
Tasmania v Crane [2006] TASSC 82
Citation 5 (Para 6)

…In State of Tasmania v Crane [2006] TASSC 82, Slicer J dealt with a motion to quash an indictment that charged the accused in these terms: “Stephen Charles Crane at Deviot, in Tasmania, on or about the 27th day of October 2003 with intent to obstruct, pervert or defeat the due course of justice falsely pretended t…
John Fairfax Publications Pty Ltd v District Court of New South Wales [2004] NSWCA 324
Citation 6 (Para 2)

…In John Fairfax Publications Pty Ltd v District Court of New South Wales [2004] NSWCA 324; (2004) 61 NSWLR 344 Spigelman CJ discussed the tension between the principles of open justice and those that are concerned with securing a fair trial. The order that was the subject of appeal in that case was made by the Dist…
Al-Kateb v Godwin [2004] HCA 37
Citation 7 (Para 7)

…In Al-Kateb v Godwin [2004] HCA 37; 219 CLR 562 Gleeson CJ expressed it this way (at 577 [19]): “… In exercising their judicial function, courts seek to give effect to the will of Parliament by declaring the meaning of what Parliament has enacted. Courts do not impute to the legislature an intention to abrogate…
Maroney v The Queen [2003] HCA 63
Citation 8 (Para 4)

…In Maroney v R [2003] HCA 63; 216 CLR 31 Gleeson CJ said at 36, [12]: “[12] Further, the validity of the Crown's construction is not negated by the fact that the appellant may have received a lesser sentence if the charge had been one of possession rather than supply. (The contention that the appellant would hav…
Plaintiff S157/2002 v Commonwealth [2003] HCA 2
Citation 9 (Para 6)

…In Plaintiff s157/2002 v The Commonwealth of Australia [2003] HCA 2; 211 CLR 476 at 492 Gleeson CJ said: “…[C]ourts do not impute to the legislature an intention to abrogate or curtail fundamental rights or freedoms unless such an intention is clearly manifested by unmistakable and unambiguous language. General…
R v Subramaniam [2002] NSWCCA 372
Citation 10 (Para 2)

…In concluding this issue against the applicant, James J considered he should treat the obiter observations of this Court in R v Subramaniam [2002] NSWCCA 372 as being highly persuasive.…
R v Giovannone [2002] NSWCCA 323
Citation 11 (Para 2)

…In R v Giovannone [2002] NSWCCA 323, the appellant was convicted of an offence contrary to s 319. It was the Crown case that he had asked a police officer to provide protection for a man named Rocky, who was dealing in illegal drugs in Kings Cross. One of the contentions advanced on appeal was that the s 319 count w…
R v Dinh [2000] NSWCCA 536
Citation 12 (Para 1)

…Saunders v R (1994) 72 A Crim R 347; Attorney General (NSW) v Stuart (1994) 75 A Crim R 8 at 10. The principles are conveniently set out in R v Dinh [2000] NSWCCA 536 per Simpson and Howie JJ (Fitzgerald JA agreeing) at [34].…
R v Orcher [1999] NSWCCA 356
Citation 13 (Para 5)

…gerald: Re Gordon (1945) 45 SR(NSW) 182 per Jordan CJ at 186 and Krakouer v R [1998] HCA 43; 194 CLR 202 per McHugh J at 223 [62]-[64]. In R v Orcher [1999] NSWCCA 356; 48 NSWLR 273 at 277 [16], Spigelman CJ, in considering whether a police officer is a “public justice official” for the purposes of Part 7, referred…
R v Karageorge [1999] NSWCCA 213
Citation 14 (Para 1)

…In R v Karageorge (1998) 103 A Crim R 157, the question of whether it was necessary to establish that the act or omission possessed the tendency to pervert the course of justice was touched upon, although it was unnecessary for this to be decided. Sully J expressed his agreement with the following statements of principl…
Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 53
Citation 15 (Para 1)

…issue is one of statutory construction. The general approach is explained in Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 per McHugh, Gummow, Kirby and Hayne JJ at 381 [69]. The primary object is to construe the provision so that it is consistent with the language and pu…
Krakouer v The Queen [1998] HCA 43
Citation 16 (Para 5)

…assumption against extending the scope of a penal statute: Ex Parte Fitzgerald: Re Gordon (1945) 45 SR(NSW) 182 per Jordan CJ at 186 and Krakouer v R [1998] HCA 43; 194 CLR 202 per McHugh J at 223 [62]-[64]. In R v Orcher [1999] NSWCCA 356; 48 NSWLR 273 at 277 [16], Spigelman CJ, in considering whether a police…
Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28
Citation 17 (Para 1)

…The issue is one of statutory construction. The general approach is explained in Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 per McHugh, Gummow, Kirby and Hayne JJ at 381 [69]. The primary object is to construe the provision so that it is consistent with the language and p…
R v Rogerson [1992] HCA 25
Citation 18 (Para 1)

…at the words “the course of justice” in the first part of the definition are to be given their meaning at common law as explained in R v Rogerson [1992] HCA 25; (1991-1992) 174 CLR 268.…
Jago v District Court (NSW) [1989] HCA 46
Citation 19 (Para 1)

…in which this Court has emphasised that it is undesirable to interrupt criminal proceedings by the bringing of applications under s 5F: R v Matovski (1989) 15 NSWLR 720; R v Waterhouse (1992) 62 A Crim R 59; Saunders v R (1994) 72 A Crim R 347; Attorney General (NSW) v Stuart (1994) 75 A Crim R 8 at 10. The principle…
Lane v Registrar of the Supreme Court of New South Wales [1981] HCA 35
Citation 20 (Para 3)

…More recently, in Lane v The Registrar of the Supreme Court of New South Wales (Equity Division) [1981] HCA 35; (1981) 148 CLR 245 at 257, the Court said this: “Even if the charges had been, or were now to be, amended, the evidence would not establish that the appellant committed a contempt of court. The express…
R v Boston [1923] HCA 59
Citation 21 (Para 8)

…g their truth, they are not sufficient in law to make the accused guilty of a crime and, therefore, he or she is not bound to answer them: R v Boston [1923] HCA 59; (1923) 33 CLR 386 per Isaacs and Rich JJ at 396. In Boston, counsel orally demurred on his clients’ behalf before they were required to plead to the…
R v Nicholls [1911] HCA 22
Citation 22 (Para 2)

…In R v Nicholls [1911] HCA 22; (1911) 12 CLR 280, the issue was whether the publication of an article in The Mercury in Hobart, which referred to the appointment of Justice Higgins to the Court and described him as a “political judge”, amounted to contempt of the High Court. Griffith CJ said at 286: “The only qu…
Commonwealth v Baume [1905] HCA 11
Citation 23 (Para 3)

…ermore, a court construing a statutory provision must strive to give meaning to every word of the provision. In The Commonwealth v Baume [(1905) 2 CLR 405 at 414] Griffith CJ cited R v Berchet [(1688) 1 Show KB 106] to support the proposition that it was ‘a known rule in the interpretation of Statutes that such a s…
Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation [1981] HCA 26
Citation 24 (Para 2)

…Honour went on to refer to the judgment of Mason and Wilson JJ in Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation [1981] HCA 26; (1981) 147 CLR 297 at 321. He continued (at 22): “Furthermore, if the “ordinary meaning” of a legislative provision is manifestly absurd or unreasonable, a real…
Saraswati v The Queen [1991] HCA 21
Citation 25 (Para 2)

…In Saraswati v R (1990-1991) 172 CLR 1, McHugh J, in the course of discussing the construction of s 61E(2) of the Crimes Act, observed that (at 21): “In many cases, the grammatical or literal meaning of a statutory provision will give effect to the purpose of the legislation. Consequently, it will constitute…
[1979] AC 440 [1979] AC 440
Citation 26 (Para 3)

…t in affronting the dignity of the court, but in interfering with the due administration of the law : see Attorney-General v Leveller Magazine ([1979] AC 440 at 459). As Cussen J said in In re Dunn; In re Aspinall ([1906] VLR 493 at 497), the essence of the offence is ‘action or inaction amounting to an interfer…
[1891] 1 QB 360 [1891] 1 QB 360
Citation 27 (Para 4)

…The gravamen of the offence of attempting to pervert the course of justice at common law was described in R v Vreones [1891] 1 QB 360 per Pollock B at 369: “The real offence here is the doing of some act which has a tendency and is intended to pervert the administration of public justice.”…
[1933] 1 KB 529 [1933] 1 KB 529
Citation 28 (Para 1)

…pression in description of the offence in the Tasmanian Code , since, as McHugh J points out in Rogerson , it was not until 1933 [ R v Manley [1933] 1 KB 529] that anybody appears to have suggested that a wilfully false statement made to a police officer in relation to an actual, alleged or suspected crime might b…

Legislation Cited

Crimes Act 1900 (ACT) 319)
2 mentions (from Para 1)
Annual Holidays Act 1944 (NSW)
1 mention (from Para 6)
Crimes (Public Justice) Amendment Act 1990 (NSW)
1 mention (from Para 2)
Crimes Act 1914 (Cth)
1 mention (from Para 1)
Crimes Amendment (Gang and Vehicle Related Offences) Act 2001 (NSW)
1 mention (from Para 2)
Crimes Amendment (Sexual Offences) Act 2003 (NSW)
1 mention (from Para 8)
Crimes Legislation Amendment (Procedure) Act 1997 (NSW)
1 mention
Criminal Appeal (Amendment) Act 1987 (NSW)
1 mention (from Para 6)
Criminal Appeal Act 1912 (NSW)
1 mention (from Para 1)
Criminal Code Act 1924 (TAS)
1 mention (from Para 4)
Criminal Procedure Act 1986 (NSW)
1 mention (from Para 5)
Fines Act 1996 (NSW)
1 mention (from Para 6)
Interpretation Act 1967 (ACT)
1 mention (from Para 3)
Interpretation Act 1987 (NSW)
1 mention (from Para 1)
Justices Act 1902 (NSW)
1 mention (from Para 4)
Mental Health (Criminal Procedure) Act 1990 (NSW)
1 mention (from Para 3)
Oaths Act 1900 (NSW)
1 mention (from Para 1)
Road Transport (General) Act 1999 (ACT)
1 mention
Statutes Amendment and Repeal (Public Offences) Act 1992 (SA)
1 mention (from Para 2)
Statutory Declaration Act 1959 (Cth)
1 mention
Traffic Act 1909 (NSW)
1 mention (from Para 2)