What is Concealing A Serious Offence?

If you are charged with Concealing A Serious Offence, let our responsive team of experts manage your defence. Contact Nott and Co Lawyers. We are the most responsive criminal lawyers in NSW and will get you a straight answer in 24 hours. Best possible outcomes at best fixed fee prices.

Under section 316(1) of the Crimes Act 1900 (NSW) if you know that a person has committed a serious indictable offence and you have information which might assist police to arrest/convict the offender you must provide the information to police. If you do not, without reasonable excuse you are liable to imprisonment for 2 years.

What The Prosecution Must Prove

The Prosecution must prove each of the following elements beyond reasonable doubt;

  • A person has committed a serious indictable offence (this is one that is punishable by a term of five years or more;
  • You knew, or believed, that that person had committed that offence;
  • That had valuable information that might have assisted police to arrest and/or convict the offender;
  • You failed, without reasonable excuse, to bring that information to the attention of a member of the police force of other appropriate authority.

Penalties For Concealing A Serious Offence

Prison for up to two years is the maximum penalty.

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Within 24hrs

Defences for Concealing A Serious Offence

If you wish to plead not guilty, possible defences for Concealing A Serious Offence include:

  • If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue duress.
  • If your actions were necessary to prevent a greater harm from occurring, you may have the defence of necessity.
  • That the information you withheld would not have been of material assistance;
  • That you had a reasonable excuse for not bringing the information to the attention of the police;
  • That you didn’t actually know or believe that someone had committed a serious indictable offence;

We Will Respond Within 24hrs

In criminal matters in particular, your initial dealings with police can be very detrimental to you legally if you do not know your rights. We operate a hot line 24 hours a day and on weekends to give you the best possible access to legal advice when you need it.

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