What is Tampering With Evidence ?

Tampering with evidence can be any action that destroys, alters, conceals, or falsifies any sort of evidence. The definition of evidence is also very broad and includes any object, a document, or any sort of record useful to an investigation or inquiry.

Case law/Jurisdiction
An offence of Tampering with Evidence is what is known as a “Table 1” offence under the relevant legislation, which means it is to be dealt with in the Local Court unless an election is it is to be dealt with on indictment by the Department of Public Prosecutions (DPP).

The nature and elements of the offence of Tampering with Evidence were considered in Director of Public Prosecutions v Aydogan (2006) 67 NSWLR 227 at [27] where it was held that the term was not to be confined to physical items per se, or to psychical items introduced into evidence or intended to be introduced into evidence, but extended to false statements made by police officers even where the statements were not included in the police brief of evidence and were not served on the defendant in the relevant proceedings.

What must the prosecution prove?

Since Tampering with Evidence offence is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove each of the elements in the charge beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Tampering with Evidence.

To establish Tampering with Evidence, the prosecution must prove each of the following matters beyond reasonable doubt;

  • That you, with intent to mislead any judicial tribunal in a judicial proceeding; and/or
  • Knowingly made use of fabricated false evidence; or
  • Suppressed, concealed, destroyed, altered or falsified anything, knowing that it was or might have been required as evidence in any judicial proceeding; or
  • Fabricated false evidence

The Law

The offence of tampering with evidence is contained in section 317 of the Crimes Act 1900 (NSW), which states:

A person who, with intent to mislead any judicial tribunal in any judicial proceeding: (a) suppresses, conceals, destroys, alters or falsifies anything knowing that it is or may be required as evidence in any judicial proceeding, or fabricates false evidence (other than by perjury or suborning perjury), or (c) knowingly makes use of fabricated false evidence is liable to imprisonment for 10 years.

If you are charged with the offence of Tampering with Evidence what are your options?

National Criminal Lawyers provide the best criminal solicitors Sydney have to offer and have been successful in defending a number of Tampering with Evidence charges where the prosecution could not establish each of the elements of Tampering with Evidence. We have also achieved a number of non-convictions for Tampering with evidence charges.

NCL offer the following options for those who have been charged with Tampering with Evidence;

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any Tampering with Evidence offence our Team at National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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