It is a criminal offence to threaten, intimidate, or otherwise interfere with victims or witnesses in an attempt to stop them from providing information about serious crimes. These actions are taken seriously by law enforcement and the courts, as they undermine the integrity of the justice system and endanger public safety.

Legal Framework

In New South Wales (NSW), this offence is specifically addressed under Section 315A of the Crimes Act 1900, which outlines penalties of up to seven years’ imprisonment for those found guilty. Similar laws are in place across all Australian states and territories, although the specific legislation and penalties may vary.

Key Elements of the Offence

Threatening or Intimidating Behaviour
This includes making verbal or physical threats, harassing, stalking, or using any form of coercion, including online activity like social media posts, with the intent to stop someone from sharing information related to a crime.

Involvement of an Indictable Offence
The law applies when the crime being covered up is an indictable offence, which means it is serious enough to be tried in a higher court, such as a District or Supreme Court.

Intent to Influence
A crucial aspect is intent. The prosecution must prove that the accused deliberately tried to deter the victim or witness from cooperating with police or other authorities.

Examples of Offending Conduct

• Threatening a witness with violence if they testify in court
• Harassing or stalking a victim to prevent them from reporting a crime
• Using social media to shame, intimidate, or silence witnesses or victims

Penalties and Legal Consequences

Penalties for threatening or intimidating victims or witnesses vary by jurisdiction and may include substantial fines and terms of imprisonment. In NSW, the maximum penalty is seven years in prison.

Considerations

• Intent matters: The accused must have intended to stop someone from sharing relevant information.
• Materiality of information: The information must be relevant to a criminal investigation or legal proceeding.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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