Hindering Investigation

THE LAW

Section 315 of the Crimes Act 1900 (NSW) states:

“A person who does anything intending in any way to hinder the investigation of a serious indictable offence committed by another person, or the discovery of evidence concerning a serious indictable offence committed by another person, or the apprehension of another person who has committed a serious indictable offence, commits an offence”

 

MAXIMUM/POSSIBLE PENALTIES

Hindering an investigation can be punished with imprisonment of up to 2 years (if heard in the Local Court) or up to 7 years (if heard in the District Court).

Please note these penalties 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 Hindering an Investigation charge of:

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

 

THE FACTS THAT MUST BE PROVEN

Since Hindering an Investigation offence is a criminal offence, the burden of proof lies on the Prosecution. Each element of the charge must be proved by prosecution beyond a reasonable doubt in that:

  • You did any act; and
  • You were intending in any way to hinder -
  • The investigation of a serious indictable offence committed by another person; or

The discovery of evidence concerning a serious indictable offence committed by another person; or

The apprehension of another person who has committed a serious indictable offence.

A serious indictable offence is an offence that is punishable by a term of five years imprisonment or more.

The nature and elements of this offence of Hindering an Investigation were considered in R v El-Zeyat [2002] NSWCCA 138. Here it was held that for the offence to be committed, it is necessary that the accused be aware, in a general way, of the nature of the primary offence concerning which he was intentionally hindering.

 

DEFENCES

While building up a case against Hindering an Investigation charges, the following defences can be put up in your favor:

  • It wasn’t your motive to hinder an investigation, discovery of evidence, or the apprehension of a person.
  • That the act alleged in question was not done by you.
  • You had no other option but to act in the way you did due to some threats, you may be able to argue “Duress”.
  • If your act was the reason a bigger calamity/harm was prevented, you may have the defence of “Necessity”.

 

CHOICES AT LAW OPTIONS

For Hindering an Investigation offences, 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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