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Concealing Serious Offence

Perjury Offences – NSW

Welcome to the NSW Concealing serious offence article page. Everything you need to know about Concealing serious offence according to NSW law – Dated: 01/09/2009

What the Law States according to NSW Law for Concealing serious offence

According to NSW Law for the charge of Concealing serious offence:

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
1054 Conceal serious indictable offence of another person-T1
1055 Accept benefit for concealing serious indictable offence-T1
1056 Solicit benefit for concealing serious indictable offence-T1

The Maximum Penalty – Concealing serious offence

According to NSW Law for the charge of Concealing serious offence:

The maximum penalty for the charge of concealing a serious offence (Section 316 of the Crimes Act) is two years imprisonment.

In NSW, a court can impose any of the following penalties for an concealing a serious offence charge.

  • Section 10: concealing a serious offence proven but dismissed
  • Fine
  • Good behaviour bond
  • Community service order (CSO)
  • Suspended sentence
  • Intensive correction order (previously periodic detention)
  • Home detention
  • Prison sentence

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

Local Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of concealing serious offence, if heard in the Local Court, is likely to be a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 18 months.

District Court

If the matter is finalised in the District Court the likely penalty is a good behaviour bond with supervision under section 9 of the Crimes (Sentencing Procedure) Act for a period of 18 months.

For first time offenders the likely penalty is a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 2 years.

What the Police must prove according to NSW Law for Concealing serious offence

To convict you of a concealing a serious offence charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. A person had committed a serious indictable offence.
  2. You knew or believed that the offence had been committed.
  3. You had information which may be of material assistance in securing the apprehension of the offender or the prosecution or conviction of the offender for it.
  4. You failed without reasonable excuse to bring that information to the attention of a member of the police or other appropriate authority.

They will also need to prove that you were the person who committed the offence.

Possible Defences under NSW Law – Concealing serious offence

Possible defences to a concealing a serious offence charge include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

In NSW which court will hear the matter – Concealing serious offence

This matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Section 10 for a Concealing serious offence charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead.

Fines for a Concealing serious offence charge: When deciding the amount of a fine for a possession of data with intent charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set.

Good behaviour bond for a Concealing serious offence charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years.

Community service order for a Concealing serious offence charge (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order.

Suspended sentence for a Concealing serious offence charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years.

Periodic detention for a Concealing serious offence charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a Concealing serious offence charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service.

Jail for a Concealing serious offence charge: This is the most serious penalty for the charge of Concealing serious offence and involves full time detention in a correctional facility.

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