What is Hindering an investigation ?

Hindering an investigation can be done by way of hindering the discovery of evidence or the arrest/apprehension of a person as well as the investigation itself.

Case law/Jurisdiction
An offence of Hindering an Investigation 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 Hindering an Investigation were considered in R v El-Zeyat [2002] NSWCCA 138. Here it was held that for the offence to be committed, it is necessary that the accused be aware, in a general way, of the nature of the primary offence concerning which he was intentionally hindering.

What must the prosecution prove?

Since Hindering an Investigation 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 Hindering an Investigation.

To establish Hindering an Investigation, the prosecution must prove each of the following matters beyond reasonable doubt;

That you did any act;

  • Intending in any way to hinder:
  • The investigation of a serious indictable offence committed by another person;
  • The discovery of evidence concerning a serious indictable offence committed by another person; or
  • The apprehension of another person who has committed a serious indictable offence
  • A serious indictable offence is an offence that is punishable by a term of five years imprisonment or more.

The Law

Section 315 of the Crimes Act 1900 (NSW) states:

A person who does anything intending in any way to hinder the investigation of a serious indictable offence committed by another person, or the discovery of evidence concerning a serious indictable offence committed by another person, or the apprehension of another person who has committed a serious indictable offence, commits an offence

If you are charged with the offence of Hindering an Investigation what are your options?

Our High Profile Criminal Lawyers have been successful in defending a number of Hindering an Investigation charges where the prosecution could not establish each of the elements of Hindering an Investigation. We have also achieved a number of non-convictions for Hindering an Investigation charges.

NCL offer the following options for those who have been charged with Hindering an Investigation;

  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 Hindering an Investigation 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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