Dissuading or interfering with a witness in judicial proceedings is an offence under section 244 of the Criminal Law Consolidation Act 1935 (SA). This covers bribery, threats, deception, or attempts to prevent a person from attending court or giving truthful evidence.
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Indictable offence
District Court of South Australia
Maximum penalty 10 years imprisonment
Offences Relating to Witnesses Key Facts
| Offence | Giving, offering or agreeing to give a benefit to influence a witness; seeking or accepting a benefit as a witness; preventing or attempting to prevent a person from attending or giving evidence; or deceiving a person to affect their evidence in judicial proceedings (current or future). |
| Maximum Penalty | Maximum penalty of 10 years imprisonment under section 244 of the Criminal Law Consolidation Act 1935 (SA). |
| Typical Sentence | Sentences depend on the conduct’s seriousness, planning, and impact on proceedings. Actual or attempted interference with core evidence, payments, threats, or coordination with others typically attracts immediate imprisonment. Lower-end attempts without follow-through may attract shorter custodial terms. |
| Which Court? | Usually heard in the District Court of South Australia as an indictable offence. Some matters may be dealt with summarily in the Magistrates Court by consent depending on seriousness and circumstances. |
| Process Timeline |
Investigation (statements, phone/comms, CCTV, financial records) → Charge → Bail consideration → Committal in the Magistrates Court → Trial in the District Court → Sentencing if convicted. (Average: 9–18 months; complex or multi-accused matters may take longer) |
| Possible Defences |
- Lawful authority or reasonable excuse (statutory defence) [s 244(6)]; - Lack of intent to influence attendance, truthfulness, or evidence; - No “benefit” given/offered/sought/accepted (or innocent purpose); - For preventing/dissuading: lack of knowledge or reckless indifference that the person is, or may be, a witness [s 244(4)]; - Factual dispute, mistake, identity issues; - Duress or mental impairment (in appropriate cases). |
| What The Prosecution Must Prove |
Benefit to influence (s 244(1)): a benefit was given/offered/agreed to be given to a person who is or may be a witness (or a third person) as a reward or inducement for non-attendance, withholding evidence, or false evidence. Witness accepting benefit (s 244(2)): a person who is or may be a witness sought/accepted/agreed to accept a benefit as a reward or inducement for non-attendance, withholding evidence, or false evidence. Preventing/dissuading (s 244(3)–(4)): preventing or attempting to prevent/dissuade another from attending or giving/producing evidence, with knowledge or reckless indifference that the person is, or may be, a witness or required to produce a thing in evidence. Deception to affect evidence (s 244(5)): an act done with the intention of deceiving a person to affect their evidence in judicial proceedings (present or future). In all cases, absence of lawful authority or reasonable excuse. |
Dissuade Witnesses Case Scenarios
Below are examples of how dissuade witnesses offences may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
Mid-Level Offence
High-Level Offence
Low-Level Offence
Scenario:
An individual sends a series of messages to a person who has been subpoenaed, offering a small payment if they “don’t turn up” and hinting that “nothing will happen” if they skip court. No money changes hands and the witness attends and gives evidence.
What to expect:
Charged with offering an inducement to influence a witness, contrary to section 244(1) of the Criminal Law Consolidation Act 1935 (SA). A court could impose a term of imprisonment around 8–12 months, reflecting deliberate but low-level interference and no actual impact on the evidence.
Mid-Level Offence
Scenario:
Over several weeks, a person sends emails and makes calls to a complainant, falsely asserting the matter has been withdrawn and that attendance could lead to personal costs, intending to stop the complainant giving evidence. The complainant delays attending an earlier listing, causing an adjournment.
What to expect:
Convicted of deceiving a person to affect their evidence under section 244(5) and attempting to dissuade attendance under section 244(3) of the Criminal Law Consolidation Act 1935 (SA). A court could impose imprisonment in the range of 2–3 years, noting planning, persistence and disruption to the proceedings.
High-Level Offence
Scenario:
An accused arranges through a third party to pay a key witness in exchange for altering their statement and not producing documents at trial. Messages show knowledge the person is a witness and coordination of the approach. The interference leads to a mistrial.
What to expect:
Convicted of bribery/inducement of a witness under section 244(1) and preventing the giving/production of evidence under section 244(3) of the Criminal Law Consolidation Act 1935 (SA). A court could impose 4–5 years imprisonment, reflecting serious corruption of the trial process and the actual impact on justice.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
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Dissuade Witnesses FAQ’s
If you need more information about dissuade witnesses in South Australia, these FAQs answer the most common questions.
What conduct is covered by section 244?
Giving or offering a benefit to influence attendance or truthfulness, a witness seeking or accepting a benefit, preventing or attempting to prevent attendance or evidence being given/produced, and deceiving a person to affect their evidence in current or future proceedings.
Does it apply before a case starts?
Yes. Section 244 expressly applies to proceedings that are in progress or may be instituted later.
Is it still an offence if the witness ignores the approach?
Yes. Attempts, offers and deceptive acts are captured even if the witness ultimately attends and tells the truth.
What counts as a “benefit”?
Any advantage or value (money, gift, favour, promise, opportunity). It need not be large or actually paid; offering or agreeing can be enough.
Can a witness also be charged?
Yes. A person who is or may be a witness commits an offence if they seek, accept or agree to accept a benefit to not attend, to withhold evidence, or to give false evidence.
What mental element is required for preventing or dissuading?
The prosecution must prove the accused knew, or was recklessly indifferent to whether, the other person is or may be a witness or required to produce evidence (section 244(4)).
Is negotiating with a witness ever lawful?
Only with lawful authority or reasonable excuse. Attempts to buy silence, shape testimony, or deter attendance are not lawful. Contact should occur via proper legal channels (e.g., through lawyers with appropriate safeguards).
How is this different from perverting the course of justice?
Perverting the course of justice is a broader offence about acts that have a tendency to defeat or obstruct justice. Section 244 specifically targets interference with witnesses (attendance, truthfulness, evidence).
What evidence do police look for?
Messages, emails, call records, social media DMs, recorded calls, bank transfers, cash arrangements, third-party intermediaries, and timing around subpoenas or listings.
Can social media messages amount to witness interference?
Yes. The medium does not matter. Written and electronic communications commonly form the core evidence.
Are threats required?
No. Bribery, offers, deception or attempts to dissuade attendance are sufficient. Threats may also found separate charges (e.g., assault or intimidation).
What defences are available?
Lawful authority or reasonable excuse, lack of intent to influence attendance/evidence, absence of knowledge or reckless indifference about witness status (for section 244(3)), factual dispute and identity issues, and in rare cases duress or mental impairment. Deciding whether or not to plead guilty has important implications and should be made after proper discussions with one of our criminal lawyers.
Which court deals with these charges?
Typically the District Court of South Australia as an indictable matter; some lower-end cases may proceed summarily by consent.
What penalties are typical?
The maximum is 10 years imprisonment. Courts treat witness interference as a serious affront to the administration of justice, and imprisonment is common where conduct is planned, persistent, involves payment, or disrupts proceedings.
Can I contact a witness if I’ve been charged?
Bail often includes no-contact conditions. Any contact risks further offending and bail breach. All communications should go through your lawyer.
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