Hindering an investigation is a serious offence that can have a significant impact on your life and reputation. If you have been charged with this offence, it is important to seek legal advice immediately.
Jackson John Defence Lawyers is a leading criminal defence law firm with extensive experience in defending clients charged with hindering an investigation. We understand the serious consequences that a conviction can have, and we will work tirelessly to protect your rights and interests.
The Law
Under section 315 of the Crimes Act 1900 (NSW), hindering an investigation is a criminal offence. A person will be guilty of this offence if they do anything intending in any way to hinder:
A ‘serious indictable offence’ refers to any offence that carries a maximum penalty of at least 5 years imprisonment. This covers a large amount of offences in the Crimes Act 1900 (NSW), such as assaults that cause actual bodily harm, fraud, damaging property, and wounding.
In terms of the investigation of a serious inditable offence, a person is considered to have committed a serious indictable offence if a public officer who is engaged in the investigation of offenders suspects on reasonable grounds that a person has committed such an offence.
The law necissitates a positive act that ultimately makes it difficult for officers to do their jobs. It cannot be the case that somebody is guilty of hindering an investigation for simply refusing or failing to divulge certain information.
Importantly, an individual may be found guilty of hindering an investigation even in circumstances where the person that is suspected of a serious indictable offence is never successfully convicted.
Some examples of hindering an investigation include:
What Must the Prosecution Prove?
To be guilty of hindering an investigation, the Prosecution must establish each of these elements beyond reasonable doubt:
If these elements cannot be proven beyond reasonable doubt, the Prosecution will fail, and the accused will not be convicted.
What are the Types of Penalties?
The maximum penalty for hindering an investigation is 7 years imprisonment. However, it is important to bear in mind that this the maximum penalty, and as such the type of penalties vary greatly.
The Court may consider sentencing you to one or more of the following:
There are three types of section 10 penalties, including:
A section 10(1)(a) bond is a finding of guilt, but the Court does not record a conviction. A bond such as this is usually only given where you have a clear criminal and/or driving record, your offending behaviour is minor, there is little chance of you offending again, and there were mitigating factors that led to the offending. Even if these facts apply to your case, there is no guarantee you will get this type of penalty. However, cogent subjective material and robust submissions on your behalf can be very persuasive to the Court.
A section 10(1)(c) bond involves a finding of guilt, a conviction is recorded, and you can be referred to an intervention program.
A section 10A penalty involves a finding of guilt and a conviction is recorded, but no further action is taken.
A CRO is a sentence which allows you to remain in the community, but you are supervised by Community Corrections. The Court can decide whether or not to record a conviction. The maximum term of the CRO is two years and may involve conditions such as to be not consume alcohol for the period of the bond. If you breach a CRO, you will be brought before the Magistrate that sentenced you and potentially be re-sentenced to a more serious penalty.
A CCO is another type of sentence which allows you to remain in the community, but you are supervised by Community Corrections. It typically involves more onerous conditions than a CRO and you will receive a conviction. If you breach a CCO, you will be brought before the Magistrate that sentenced you and potentially be re-sentenced to a more serious penalty.
If the Court is satisfied that imprisonment is warranted, it can order that you serve the term of imprisonment in the community while subject to the supervision of Community Corrections and conditions such as community service, curfew, or rehabilitation. If you breach an ICO, the Parole Board will determine whether to order you serve the remainder of the period in full-time custody. This is because an ICO is a sentence of imprisonment ordered to be served in the community.
This offence carries maximum penalty of 7 years imprisonment, depending on the factual circumstances of the offending. However, full-time imprisonment is only reserved for the most serious matters.
What are the Possible Defences?
A defence to the offence of hindering an investigation may be that the Prosecution cannot prove the requisite elements beyond a reasonable doubt. For example, it may be the case that the accused did not engage in a positive act, and therefore cannot be charged under the legislation.
Duress involves circumstances where you have been forced to commit a crime against your will, whether it be by way of threat, intimidation, or some other form of coercion. The threat must be so serious that it would have caused an ordinary person of like firmness in your situation to act in the same way. Furthermore, the threat must be the operative cause of your actions. In other words, if you are not worried about the threat at the time of the commission of the offence, or some other factor influences your decision to commit the crime, duress may not be established. Finally, the threat must be continuing. What this means is that if there is an opportunity at some point for you to obviate the threat, by reporting it to the police for example, duress may not be accepted.
Once duress is raised, the onus lies with the Prosecution to negative duress beyond reasonable doubt. In other words, it is encumbent upon the Prosecution to eliminate any reasonable possibility that you were acting in duress. In considering this question, the evidence should be taken at its highest in favour of the accused. It is not essential that there be evidence from you as to your beliefs and perceptions, but it must be raised fairly on the evidence.
For necessity to be established, the following must exist at the time of the commission of the offence:
As is the case with self-defence, the onus lies with the Prosecution to negative necessity beyond reasonable doubt. In other words, it is encumbent upon the Prosecution to eliminate any reasonable possibility that you were acting out of necessity. In considering this question, the evidence should be taken at its highest in favour of the accused. It is not essential that there be evidence from you as to your beliefs and perceptions, but it must be raised fairly on the evidence.
Why Jackson John Defence Lawyers
We understand the serious consequences that a conviction for hindering an investigation can have on your life and reputation. We will work tirelessly to protect your rights and interests, and to develop a strong defence strategy. We will also keep you informed of your options and advise you on the best course of action throughout the legal process.
Our team at Jackson John Defence Lawyers have a proven track record of success in defending clients charged with hindering an investigation. We are committed to providing our clients with the highest quality legal representation, and we will fight to get you the best possible outcome in your case.
If you have been charged with hindering investigation, contact us at Jackson John Defence Lawyers today for a free 15-minute initial consultation.
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In the spirit of reconciliation, Jackson John Defence Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community.
We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.
© 2024 JACKSON JOHN DEFENCE LAWYERS – Privacy Policy
Liability limited by a scheme approved under Professional Standards Legislation.
In the spirit of reconciliation, Jackson John Defence Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.
