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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.
An offence of Tampering with Evidence is what is known as a â€śTable 1â€ť 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 Â 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.
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.
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;
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;
If you agree that you have committed the offence and the police are able to prove all the elements of the offence, it is best to plead guilty at an early opportunity to receive the maximum discount. Currently the maximum discount available for an early plea of guilty is 25% of the sentence.
Furthermore, the early guilty plea shows the Court that you have remorse and contrition for your actions.
Our Lawyers at National Criminal Lawyers work closely with you to ensure that we obtain all necessary paper work at increasing the chances of obtaining a non-conviction or section 10.
Tampering with Evidence can be punished with a prison sentence of up to 2 years (if heard in the Local Court) or up to 10 years (If heard in the District Court).
Please note these penalties are reserved for the worst kind of offending and are unlikely to be what you would receive.
If you decide to plead not guilty you will need to prepare to go to a Defended Hearing.
A defended hearing is where all the witnesses of that case are called to give evidence. The witnesses are both examined by the prosecution and tested by your defence lawyers.
National Criminal Lawyers have defended numerous people charged with Tampering with Evidence and are experts at these hearings.
Some of the possible defences available for those charged with Tampering with Evidence can include;
The Courts are not bound by statistics however there must be reasonable consistency in sentences. A Magistrate or Judge should have regard to what has been done in other cases. In Green  HCA 45, the plurity judgement of French CJ, Kiefel and Creennan JJ stated:
â€śEqual Justiceâ€ť embodies the norm expressed in the terms â€śequality before the lawâ€ť. It is an aspect of the rule of law.
For Tampering with Evidence 20% of offenders received full time imprisonment whereas 40% received a s9 good behaviour bond.
In NSW, a court can impose any of the following penalties for a Tampering with Evidence charge.
However, from the 24 September 2018 new penaltyâ€™s will be replacing the above. They are as follows:
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.
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.
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.