In R v Danahay [1993] 1 Qd R 271 his honour referred to R v Kellett[1976] Q.B. 372 where Stephenson L.J stated
“With this authority in mind we would not consider that the offence of attempting to pervert the course of justice would necessarily be committed by a person who tried to persuade a false witness, or even a witness he believed to be false, to speak the truth or to refrain from giving false evidence”