Perverting the course of justice under section 319 of the Crimes Act 1900 (NSW) is one of the most serious offences against the administration of justice, carrying up to 14 years' imprisonment.
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Perverting the course of justice under section 319 of the Crimes Act 1900(NSW) carries a maximum penalty of 14 years' imprisonment and is a strictly indictable offence, meaning it is always finalised in the District Court, not the Local Court. The prosecution must prove you did an act, or made an omission, with the specific intention of obstructing, preventing, perverting, or defeating the course of justice. Whether you end up with a criminal record depends heavily on whether that specific intention can be proven, and how your matter is defended from the earliest stage.
Section 319 of the Crimes Act 1900 (NSW) is a broad, catch-all offence that captures any act or omission intended to obstruct, prevent, pervert, or defeat the course of justice or the administration of the law. It sits alongside several more specific offences dealing with the same general subject matter.
Common examples include giving a false alibi to police, encouraging a complainant to withdraw a genuine statement, coaching a witness to give a particular account, disposing of physical evidence, or warning a suspect that police are coming so they can flee or hide evidence. Because the offence is so broadly drafted, it is frequently charged alongside, or as a consequence of, another criminal investigation.
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 319, General Offence of Perverting the Course of Justice
Related, more specific offences exist for particular conduct — false accusations intending an innocent person be investigated (section 314, up to 7 years) and tampering with or fabricating evidence (section 317, up to 10 years). Section 319 is the broadest of these provisions and is often used where the conduct doesn't fit neatly into a more specific offence.
Facing this charge in connection with an existing appeal, or need help with bail? See our criminal appeals or bail applications pages.
| Offence | Typical Conduct | Maximum Penalty | Court |
|---|---|---|---|
| General perverting the course of justice (s319) | Any act or omission intending to obstruct or defeat justice | 14 years imprisonment | District Court |
| Tampering with or fabricating evidence (s317) | Fabricating or altering evidence to mislead a court | 10 years imprisonment | District Court |
| False accusations (s314) | Accusing someone you know to be innocent, to have them investigated | 7 years imprisonment | District Court |
A maximum penalty is rarely the actual outcome. The seriousness of the underlying matter, whether the conduct actually succeeded in derailing an investigation or hearing, and your role all shape where your matter lands within this range.
Because this offence turns entirely on your specific intention, disputing that intention is often the central issue in these matters. Depending on the facts, our lawyers may raise:
The prosecution must prove you acted with the deliberate purpose of perverting the course of justice. An innocent mistake, confusion, or a lapse in memory during a police interview does not meet this threshold, however unhelpful it might have been.
Where it's alleged you pressured a witness, gave false information, or destroyed evidence, disputing that the conduct occurred at all, or occurred the way it has been described, is often central to the defence.
The conduct must be capable of affecting an actual or anticipated investigation, proceeding, or judicial process. Conduct entirely disconnected from any such process cannot found this charge.
Where you acted only because of a genuine, immediate threat to yourself or someone else, and had no safe alternative, duress may be available.
You were not the person who engaged in the alleged conduct — particularly relevant where allegations rest on disputed phone records, messages, or third-party accounts.
Because this offence is strictly indictable, every matter proceeds through the same basic pathway toward the District Court, regardless of how serious the individual circumstances are.
You are arrested and charged, or issued a Court Attendance Notice, often arising out of an existing police investigation or court proceeding. Getting advice immediately is critical, especially if a related matter is still ongoing.
Your matter begins in the Local Court, where bail is addressed if you were arrested. Given the seriousness of the charge, a well-prepared bail application can be essential.
The brief of evidence is served and reviewed in the Local Court before the matter is committed to the District Court, since this offence cannot be finalised summarily.
Your lawyer tests the prosecution's evidence of your specific intention, and can negotiate with the Office of the Director of Public Prosecutions regarding the charge or agreed facts before any plea is entered.
If you plead not guilty, the matter proceeds to trial in the District Court before a jury. If you plead guilty, or are found guilty, the Judge proceeds to sentencing, weighing the seriousness of the underlying matter and your personal circumstances.
A perverting the course of justice charge often arises in the shadow of another, sometimes more serious, matter. Our approach is built around understanding the full picture, protecting your position in both matters, and forensically testing whether your specific intention can actually be proven.
Since this offence turns entirely on your state of mind, we focus early on what the evidence can and cannot prove about your specific intention.
Where this charge relates to an existing criminal matter, we coordinate your defence across both cases to protect your overall position.
We provide clear costs advice for District Court matters of this seriousness, so you know what to expect at each stage.
Arrested or charged after hours? Our experienced Sydney defence team is always available for urgent advice, including at the police station itself.
Author: Muhammad Siddique, Criminal Defence Lawyer | Reviewed by: NS Criminal Lawyers and Associates | Last reviewed: July 2026 | Jurisdiction: New South Wales
The information on this website is general information only and is not legal advice. You should obtain legal advice about your specific circumstances.
