Tampering with Evidence
What is Tampering with Evidence?
The offence of Tampering with Evidence is a very serious offence which involves the deliberate interference with Police evidence in such a way as to mislead the Court and intentionally impede the administration of justice.
Tampering with Evidence & The Law
Concealing is an offence under Section 317 of the Crimes Act 1900 (NSW).
Examples of Tampering with Evidence
Concealing or suppressing certain relevant information
Damaging or destroying physical evidence
Fabricating or falsifying version of events
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused deliberately tampered and interfered with evidence; or
The accused made use of evidence with the knowledge that such evidence was already interfered with
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, due to its seriousness the Director of Public Prosecution may 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 10 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 Tampering with Evidence, 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.