South Australian Current Acts

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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 244

244—Offences relating to witnesses

        (1)         Subject to this section, a person who gives, offers or agrees to give a benefit to another person who is or may be required to be a witness in judicial proceedings (whether proceedings that are in progress or proceedings that are to be or may be instituted at a later time) or to a third person as a reward or inducement for the other person's—

            (a)         not attending as a witness at, giving evidence at or producing a thing in evidence at the proceedings; or

            (b)         withholding evidence or giving false evidence at the proceedings,

is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

        (2)         Subject to this section, a person, who is or may be required to be a witness at judicial proceedings (whether proceedings that are in progress or proceedings that are to be or may be instituted at a later time), who seeks, accepts or agrees to accept a benefit (whether for himself or herself or for a third person) as a reward or inducement for—

            (a)         not attending as a witness at, giving evidence at or producing a thing in evidence at the proceedings; or

            (b)         withholding evidence or giving false evidence at the proceedings,

is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

        (3)         Subject to this section, a person who prevents or dissuades, or attempts to prevent or dissuade, another person from—

            (a)         attending as a witness at judicial proceedings (whether proceedings that are in progress or proceedings that are to be or may be instituted at a later time); or

            (b)         giving evidence at, or producing a thing in evidence at, such proceedings,

is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

        (4)         A person is not guilty of an offence against subsection (3) unless the person knows that, or is recklessly indifferent as to whether, the other person is or may be required to be a witness or to produce a thing in evidence at the proceedings.

        (5)         A person who does an act with the intention of deceiving another person in any way in order to affect the evidence of the other person at judicial proceedings (whether proceedings that are in progress or proceedings that are to be or may be instituted at a later time) is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

        (6)         A person is not guilty of an offence against this section if there is lawful authority or a reasonable excuse for his or her action.



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