58AFFalse or misleading information to avoid jury service

58AF False or misleading information to avoid jury service

(1) A person commits an offence if: (a) the person gives information to the Court, the Sheriff or another officer of the Court; and (b) the information: (i) is false or misleading; or (ii) omits any matter or thing without which the information is misleading; and (c) the person does so with the intent of avoiding service as a juror.

Penalty: 60 penalty units.

(2) Subsection (1) does not apply as a result of subparagraph (1)(b)(i) if the information is not false or misleading in a material particular.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.

(3) Subsection (1) does not apply as a result of subparagraph (1)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3)—see subsection 13.3(3) of the Criminal Code.