>[!INFO] Common Law Offence >This offence is a **common law** offence *(R v Vreones [1891] 1 QB 360; R v Murphy (1985) 158 CLR 596)*. > >Reference to it is made in [Section 320 of the Crimes Act 1958](http://classic.austlii.edu.au/au/legis/vic/consol_act/ca195882/s320.html) , which provides a Level 2 imprisonment penalty (or 25 years maximum). >[!success] >The Victorian Judicial College has a [Charge Book section](https://www.judicialcollege.vic.edu.au/eManuals/CCB/index.htm#57163.htm) relating to this matter. # Points of Proof 1. The accused engaged in **conduct** that did pervert the [[Course of Justice]]. Conduct which constitutes this includes: 1. **Erosion** of the integrity of the court/judicial authority; or 2. **Hindering** access to the court/judicial authority; or 3. **Deflecting** applications that would be made to the court/judicial authority; or 4. **Denying** the court/judicial authority knowledge of **relevant law**; or 5. **Denying** the court/judicial authority knowledge of the **true circumstances and facts of the case**; or 6. **Impeding** the free exercise of the jurisdiction and power of the court/judicial authority including the power to execute its decisions. 2. The accused intended for that conduct to pervert the [[Course of justice]]. # Example An accused person is intimidated by someone to plea guilty in a matter they have before the courts. The person who intimidated them has eroded the integrity of the court by doing so. # Power of Arrest [Section 459 of the Crimes Act.](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s459.html "Section 459 of the Crimes Act.")