Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 38

Deceiving witnesses

  (1)   A person (the first person ) commits an offence if:

  (a)   the first person:

  (i)   practises any fraud or deceit to a person called, or to be called, as a witness in a judicial proceeding; or

  (ii)   makes or exhibits any false statement, representation, token or writing to a person called, or to be called, as a witness in a judicial proceeding; and

  (b)   the first person does so with the intention of affecting the testimony of the other person; and

  (c)   the judicial proceeding is a federal judicial proceeding.

Penalty:   Imprisonment for 2 years.

  (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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