Chapter 5 Miscellaneous

340   Extent of abolition of offences

The offences at common law abolished by this Chapter are abolished for all purposes not relating to offences committed before the commencement of this Part (as substituted by the Crimes (Public Justice) Amendment Act 1990).

341   Certain common law offences abolished

The following offences at common law are abolished:

•  the offence of perverting the course of justice,

•  the offence of attempting or conspiring to pervert the course of justice,

•  the offence of falsely accusing a person of a crime or of procuring a person to falsely accuse a person of a crime,

•  the offence of concealing evidence so that a person is falsely accused of a crime,

•  the offence of attempting to pervert the course of justice by assisting a person to avoid arrest,

•  the offence of persuading a person to make a false statement to police to mislead them in their investigation,

•  the offence of procuring a person to make a false accusation,

•  the offence of misprision of felony,

•  the offence of compounding a felony,

•  the offence of dissuading, intimidating or preventing, or attempting to dissuade, intimidate or prevent, a person who is bound to give evidence in a criminal matter from doing so,

•  the offence of using threats or persuasion to witnesses to induce them not to appear or give evidence in courts of justice,

•  the offence of perjury,

•  the offence of embracery (attempting to corrupt, influence or instruct a jury or to induce a jury to favour one side more than the other),

•  personating a juror.

342   Certain conspiracy offences not affected

The abolition of the common law offence of conspiring to pervert the course of justice does not prevent a prosecution for an offence of conspiring to commit an offence against this Part.

343   Certain common law offences not abolished

To remove any doubt, it is declared that the following offences at common law are not abolished by this Chapter:

(a)  the offence of escaping from lawful custody,

(b)  the offence of assisting a person to escape from lawful custody,

(c)  the offence of refusing to assist a peace officer in the execution of his or her duty in preventing a breach of the peace.

343A   Saving of other punishments

Nothing in this Part prevents or affects any other punishment, or any forfeiture, provided under any Act.