R v Gould (No 2) [2019] NSWDC 689

District Court New South Wales

Medium Neutral Citation: R v Gould (No 2) [2019] NSWDC 689 Hearing dates: 28 October 2019 Date of orders: 28 October 2019 Decision date: 28 October 2019 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: At [1]-[2] Catchwords: CRIMINAL LAW – elements of offence – attempt to pervert the course of justice Legislation Cited: Crimes Act 1900 (NSW) s 319 Crimes Act 1914 (Cth) s 43 Cases Cited: Johnston v R [2019] NSWCCA 108 Murphy v The Queen (1985) 158 CLR 596 R v Charles (NSWCCA unreported 23 March 1998) R v Murphy (1985) 4 NSWLR 42 R v Selvage [1982] QB 372 The Queen v Vreones [1891] 1 QB 360 Texts Cited: None Category: Procedural and other rulings Parties: Regina (Crown) Vanda Gould (Accused) Representation: Counsel: J Single SC, T Epstein and M Rabsch (Crown) C Smith SC and W de Mars (Accused)

Solicitors: Commonwealth Director of Public Prosecutions (Crown) Webb Henderson (Accused) File Number(s): 2016/00278181 Publication restriction: Publication restricted pending the completion of the trial

Ruling 1. On 28 October 2019, I made the following ruling on the question of the elements of the offence under s43 of the Crimes Act 1914 (Cth). Namely, that the elements are that: 1. the Accused attempted to pervert the course of justice in relation to a judicial power; 2. the Accused intended to pervert the course of justice in relation to a judicial power; and 3. the judicial power is the judicial power of the Commonwealth.