New South Wales detectives investigating the 2014 disappearance of toddler William Tyrrell have recently handed over a brief of evidence to the Director of Public Prosecutions (DPP), recommending that criminal charges be brought against William's foster mother.
The recommended charges include perverting the course of justice and interfering with a corpse, but it is ultimately a matter for the DPP as to whether these charges will be filed.
The move has many asking why it took so long, with others just happy that a court of law may finally provide some semblance of justice for young William.
Prosecuting offences
There are a number of criminal offences which require the DPP's approval to prosecute, including perjury and a number of other offences against public justice, as well as several offences involving public officials.
However, the recommended offences of perverting the course of justice and interfering with a corpse do not require such approval, and police have jurisdiction to bring these charges without consulting the DPP.
That said, police will sometimes refer serious cases to the DPP for assessment as to whether the admissible evidence that is available at the time is sufficient to justify a prosecution – so as not to unnecessarily expend resources on a prosecution with little likelihood of success.
Over and above this, the DPP is not obliged to continue with a prosecution commenced by either police or itself.
In that regard, prosecutorial guidelines prescribe several criteria which must be satisfied before a case will proceed, including whether there is a reasonable prospect of conviction and whether the prosecution is in the public interest.
In deciding whether to commence or continue with a prosecution, the DPP will assess whether the evidence is sufficient to prove each element (or ingredient) of the offence beyond a reasonable doubt, as well as whether it is likely to overcome any legal defences that arise from the circumstances of the case.
The offence of perverting the course of justice
Section 319 of the Crimes Act 1900 (NSW) outlines the offence of perverting the course of justice. This offence requires a person to engage in an act (or an omission) intending to pervert the course of justice.
The maximum penalty for this offence is imprisonment for 14 years.
Under section 312 of the Act, ‘perverting the course of justice' is defined as obstructing, preventing, perverting or defeating the course of justice or the administration of law.
Examples of perverting the course of justice include making false allegations to police, providing misleading information to throw off an investigation or bribing investigators or court officials.
The offence of interfering with a corpse
Section 81C of the Crimes Act 1900 (NSW) outlines the offence of ‘misconduct with regard to corpses' which is commonly referred to as ‘interfering with a corpse'.
This offence will be committed if a person, either:
- Indecently interfered with any dead human body, or
- Improperly interfered with, or offered any indignity to, any dead human body or human remains.
‘Interfere' has been defined as including, ‘altering, defacing, removing, obliterating, concealing or adding anything to'.
Interference with a corpse will be ‘indecent' if it is contrary to the ordinary standards of respectable people in this community.
The allegations cited in the media are that Tyrell's foster mother disposed of the body of the toddler after an accidental death.
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