Concealing a Serious Offence

Attempting to hide a serious offence is punishable at law. A serious indictable offence is an offence that is punishable by imprisonment for life or for a term of 5 years or more.

 

THE LAW

Under section 316(1) of the Crimes Act 1900 (NSW) it states

“if a person has committed an indictable offence and another person who knows that the offence has been committed or believes that the offence has been committed and that he or she has some information which might be of material assistance in securing the apprehension of the offender, or the prosecution or conviction of the offender, and that other person fails to come forward and share such information with the police force or appropriate authority without reasonable excuse, that other person is liable to imprisonment for 2 years”.

 

MAXIMUM/POSSIBLE PENALTIES

Concealing a fact on a serious offender can be punished with a prison sentence of:

(a) 2 years--if the maximum penalty for the serious indictable offence is not more than 10 years imprisonment, or

(b) 3 years--if the maximum penalty for the serious indictable offence is more than 10 years imprisonment but not more than 20 years imprisonment, or

(c) 5 years--if the maximum penalty for the serious indictable offence is more than 20 years imprisonment.

Please note the penalties mentioned are reserved for the worst kind of offending and are unlikely to be what you would receive.

In NSW, a court can impose any of the following penalties for a Concealing Serious Offence charge.

  • Full-time Imprisonment;
  • An Intensive Correction Order (ICO);
  • A Community Correction Order (CCO);
  • A Conditional Release Order (CRO).

 

THE FACTS THAT MUST BE PROVEN

Since Concealing Serious Offence is a criminal offence the burden of proof lies on the Prosecution. The prosecution must prove every element in the charge beyond any reasonable doubt;

  • Another person has committed a serious indictable offence;
  • That you knew or believed that that person had committed that offence;
  • That you had information which might have been of material assistance; In securing the apprehension/or conviction of that person; and
  • You failed, without reasonable excuse, to bring that information to the attention of a member of the police force of other appropriate authority.

 

DEFENCES

Possible defences available for those charged with Concealing a Serious Offence include:

  • If you stopped in bringing the offence due to the circumstances, or the threats of another then you may be able to argue “Duress”; or
  • If your actions were necessary to prevent a greater harm from occurring, you may have the defence of “Necessity”.
  • You had a reasonable excuse being that the alleged victim of the serious offence in question was an adult at the time they told you or you found out you had reasonable belief to known that the alleged victim did not wish for you to tell police; and
  • The serious offence was either of a sexual nature or a domestic violence offence.

 

CHOICES AT LAW OPTIONS

For Concealing a Serious Offence, Rep-Revive Criminal & Employment Lawyers® offers the following options:

1.     We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.

2.     At the hearing/trial, Rep-Revive Criminal & Employment Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.

3.     Alternatively, Rep-Revive Criminal & Employment Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.

4.     Lastly, Rep-Revive Criminal & Employment Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL & EMPLOYMENT LAWYERS®

There are several reasons to engage Rep-Revive Criminal & Employment Lawyers®:

  •  We are always in your corner

At Rep-Revive Criminal & Employment Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

  •  We bring about excellent results

Rep-Revive Criminal & Employment Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal & Employment Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

  • Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal & Employment Lawyers® who have been in the provision of legal service for over 21 years. 

If you are charged with an offence, our team at Rep-Revive Criminal & Employment Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.

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