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”
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:
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:
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  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.
While building up a case against Hindering an Investigation charges, the following defences can be put up in your favor:
For Hindering an Investigation offences, Rep-Revive Criminal & Employment Lawyers® offers the following options:
For further information on your choices at law click on (CHOICES AT LAW tab on our website)
There are several reasons to engage Rep-Revive Criminal & Employment Lawyers®:
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.
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.
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.