58AGBribery of jurors or potential jurors

58AG Bribery of jurors or potential jurors

Giving a bribe (1) A person commits an offence if: (a) the person dishonestly: (i) provides a benefit to another person; or (ii) causes a benefit to be provided to another person; or (iii) offers to provide, or promises to provide, a benefit to another person; or (iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; and (b) the person does so with the intent of influencing: (i) a juror (who may or may not be the other person) in the exercise of the juror’s duties as a juror; or (ii) a potential juror (who may or may not be the other person) in the exercise of the potential juror’s duties as a potential juror.

Penalty: Imprisonment for 10 years.

Receiving a bribe (2) A person commits an offence if: (a) the person is a juror or potential juror; and (b) the person dishonestly: (i) asks for a benefit for himself, herself or another person; or (ii) receives or obtains a benefit for himself, herself or another person; or (iii) agrees to receive or obtain a benefit for himself, herself or another person; and (c) the person does so with the intent: (i) that the exercise of the person’s duties as a juror or potential juror will be influenced; or (ii) of inducing, fostering or sustaining a belief that the exercise of the person’s duties as a juror or potential juror will be influenced.

Penalty: Imprisonment for 10 years.

Determination of dishonesty to be a matter for the trier of fact (3) In a prosecution for an offence against this section, the determination of dishonesty is a matter for the trier of fact. Expressions have Criminal Code meaning (4) An expression used in this section that is also used in Chapter 7 of the Criminal Code has the same meaning in this section as it has in that Chapter.