The prosecutor appealed against dismissal of a charge of conspiracy to pervert the course of justice. The defendant had completed somebody else’s community service sentence. The prosecutor said that such an act did affect something ‘in the course of justice.’
Held: The appeal succeeded: ‘ I would reject the notion that the facts forming the basis of this offence break new ground even though the example may not have previously been analysed by the court. As in cases involving restraint orders, this case also concerns continuing and ongoing criminal process intended to enforce the requirement to undertake unpaid work. To that end, providing cover for the failure to perform such work perverts (perhaps better here understood as frustrates) the course of justice. Given that in this case there was a prospect that breach could be brought, it is unnecessary to consider whether the offence could be proved by showing that there had been a dishonest interference with a sentence which is no longer extant, for example where an order for unpaid work had been revoked because of the apparent ill health of the offender but it subsequently emerged that he had conspired with others to feign injury. ‘
Citations:
[2016] EWHC 837 (Admin)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Vreones 1891
It was alleged that the defendant had tampered with a sample of wheat to be used in an arbitration, and he was accused of perverting the course of justice.
Held: Perverting the course of justice is a common law offence covering a wide variety . .
Cited – Regina v Knuller (Publishing, Printing and Promotions) Ltd; Knuller etc v Director of Public Prosecutions HL 1972
The defendants were charged after pasting up in telephone booths advertisements for homosexual services. They published a magazine with similar advertisements. The House was asked to confirm the existence of an offence of outraging public decency. . .
Cited – Director of Public Prosecution v Withers HL 20-Nov-1974
The House was asked to consider whether there existed the crime of a conspiracy to commit a public mischief.
Held: There was no such crime, since it was so undefined as to be unfair to any defendant. Although at common law no clear distinction . .
Cited – Regina v Clark CACD 4-Apr-2003
The defendant had been involved in a car crash. He drove his car home, and reported the accident only the following day. He appealed against a conviction for attempting to pervert the course of justice, having defeated any possibility of his being . .
Cited – Kenny v Regina CACD 30-Jan-2013
The appellant had made a loan to a third party defendant in criminal fraud proceedings. At the time he did not know that that third party was subject to a restraint order under the 2002 Act. When he did come to know of the order he was asked to say . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 10 July 2022; Ref: scu.571402
