What is a Hinder Investigation?
The offence of Hinder an Investigation is a serious offence, which involves the intended interference with a Police investigation of a serious offence. It can include such actions as the concealment of evidence, the obstructing of the discovery of new evidence or the purposeful fabrication of false information to authorities during their investigation. It can also include the deliberate aiding and obstructing of authorities to apprehend another person who has been accused of committing a serious indictable offence.
Hinder Investigation & The Law
Hindering an Investigation is an offence under Section 315 of the Crimes Act 1900 (NSW).
Examples of Perverting the Course of Justice
Tampering with Police evidence
Destruction of Police evidence
Fabricating an incorrect version of events
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused deliberately performed an act in such a way as to hinder an investigation
The act must have hindered the investigation of a serious indictable offence committed by another person; or
The act must have obstructed the apprehension of another person charged with committing a serious indictable offence; or
The act must have obstructed the discovery of new evidence in relation to an investigation of the commission of a serious indictable offence.
Going to Court – “What am I looking at?”
This type of offence can be dealt with before a Magistrate in the Local Court, where a maximum penalty of up to 2 years imprisonment can be imposed.
However, it is often considered as of sufficient seriousness for the Director of Public Prosecution to decide to elect the matter, and have it transferred to the District Court before a Judge. In such circumstances, the maximum penalty can be up to 7 years imprisonment.
Lawyer Call – here to help..
Contact our experienced team of defence solicitors to obtain appropriate and honest legal advice regarding the prospects of defending this charge and fighting this in Court at a Defended Hearing in the Local court.
At Lawyer Call we have the expertise and appropriate Barristers and Senior Legal Counsel available for Trial work in the District Court. We understand that the correct management of such a sensitive case through the long Court processes is crucial to putting up the right fight.
Alternatively, if a plea of guilty is more appropriate in the circumstances, negotiations will need to be conducted in an effort to reduce the seriousness of the Police Facts that will be presented before the sentencing Judge. Our solicitors also have in-depth experience in preparing a guilty plea through the gathering and analysing specific medical and supporting documentation to assist the case and present the best possible submissions before a Judge for a more lenient sentence.
If you have been charged with an offence of Hinder an Investigation, contact our office immediately on 1300 LAW 111 for a review of your matter. Our experienced Defence lawyers will guide you through the Court process, and together start working on the most beneficial legal strategy for you during this difficult time.