Meissner v The Queen [1995] HCA 41

High Court of Australia Brennan, Deane, Dawson, Toohey and McHugh JJ Meissner v The Queen [1995] HCA 41

ORDER Appeal dismissed

Cur adv vult

The following written judgments were delivered:—

16 August 1995 Brennan, Toohey and McHugh JJ.

Joseph Ladislaus Meissner (the appellant) was convicted by a jury in the District Court of New South Wales of attempting to pervert the course of justice by improperly endeavouring to influence Ms Virginia Perger to plead guilty to a charge of making a false statutory declaration. The Crown alleged that the appellant had improperly influenced her by either bribing her or intimidating her or both. The New South Wales Court of Criminal Appeal unanimously dismissed an appeal to that Court against the conviction. Pursuant to a grant of special leave, the appellant now appeals to this Court.

The first question in the appeal is whether the crime of attempting to pervert the course of justice can be proved by evidence which establishes that the accused has attempted to influence a person by improper means to plead guilty to an offence but fails to establish that that person was not guilty of the offence to which he or she pleaded guilty. If that question is answered in the affirmative, the second question in the appeal is whether there was evidence in this case of an attempt to pervert the course of justice and, if so, whether upon the evidence the conviction of the appellant was unsafe or unsatisfactory. On the second question, the main issue is whether the Crown satisfactorily proved that the appellant had attempted to influence Ms Perger by intimidation or bribery to plead guilty to the charge of making a false statutory declaration.

In our opinion, it was not necessary for the Crown to prove that Ms Perger was not guilty of the offence to which she pleaded guilty, there was evidence to support the conviction of the appellant, and the conviction was not unsafe or unsatisfactory.