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Bankstown Criminal Defence Lawyers for Public Justice Offences

The Crimes Act 1900 sets out several public justice offences which come under the definition of perverting the course of justice, which includes “obstructing, preventing, perverting or defeating the course of justice or the administration of the law.” It is important to note that in relation to serious indicatable offences and child abuse offences, the prosecution does not need to prove you had knowledge that the offence was a child abuse offence or a serious indicatable offence to prove your guilt.

 

 Common public justice offences are as follows:

Hindering Investigations

Under section 315 of the Crimes Act 1900 a person who does anything intending to hinder:

 

(a)  the investigation of a serious indictable offence committed by another person, or

(b)  the discovery of evidence concerning a serious indictable offence committed by another person, or

(c)  the apprehension of another person who has committed a serious indictable offence.

 

For the purposes of this section, a person is considered to have committed a serious indicatable offence if a ‘public officer’ (e.g. a police officer), suspects on reasonable grounds that a person as committed an offence.

 

However, it is important to note that if you merely refuse or fail to divulge information or produce evidence, you have not committed an offence under this section.

The maximum penalty for the offence of hindering investigations is 7 years imprisonment. If this offence is dealt with in the Local Court the maximum penalty is 2 years imprisonment and/or 100 penalty units ($11,000).

It is a defence to the offence of hinder investigation if:

 

  • You acted due to duress;
  • Necessity to avoid danger;
  • You were suffering from mental illness;
  • Police or other investigation officer do not have reasonable basis to believe that the other person being investigated committed an indicatable offence.

Threatening or Intimidating Victims or Witnesses

Section 315A of the Crimes Act 1900 states that it is an offence to threaten to do or cause, or to do or cause, any injury or detriment to any other person intending to influence any person not to bring material information about an indictable offence to the attention of a police officer or other appropriate authority. You may be found guilty of this offence if for example, you threaten a witness to stop them from giving evidence in court. 

 

Material information is any information that may be of material assistance in arresting, prosecuting or convicting someone who has committed a serious indicatable offence.

The maximum penalty for the offence of threatening or intimidating victims or witnesses is 7 years imprisonment. If this offence is dealt with in the Local Court the maximum penalty is 2 years imprisonment and/or 100 penalty units ($11,000).

It is a defence to the offence of hinder investigation if:

 

  • You acted due to duress;
  • Necessity to avoid danger;
  • You acted in self-defence.

Tampering with Evidence

A person is guilty of the offence of tampering with evidence pursuant to section 317 of the Crimes Act 1900, if they intentionally mislead any judicial tribunal in any judicial proceeding by:

 

  • Supressing, concealing, destroying or falsifying anything that is or may be required as evidence in any judicial proceeding; or
  • Fabricating evidence (other than by perjury or suborning perjury), or
  • Knowingly making make use of fabricated false evidence.

A judicial tribunal includes any person such as a coroner or arbitrator, or any court or other body authorised by law or by the consent of the parties, which may conduct a hearing to determine a matter or thing.

 

A ‘judicial proceeding’ is any proceeding in or before a judicial tribunal in which evidence may be taken on oath.

The maximum penalty for tampering with evidence is 10 years imprisonment. If the offence is dealt with in the Local Court the maximum penalty is 2 years imprisonment and/or 100 penalty units ($11,000).

  • Duress – if you were threatened or coerced;
  • Necessity – acted to avoid danger;
  • Self-defence – you acted to defend yourself or another.

Making or Using False Official Instrument to Pervert the Course of Justice

Under section 318(2) of the Crimes Act 1900 it is an offence for someone to make a false instrument or to make a copy of an instrument which the person knows to be a false instrument, with the intention that:

 

  • They will use the instrument to induce another person to accept the instrument as genuine or to accept the copy as a copy of a genuine official

The maximum penalty is 14 years imprisonment

  • Duress – if you were threatened or coerced;
  • Necessity – acted to avoid danger.

If the police have charged you or a loved one, you must attend court. Appearing in court for a criminal charge is usually daunting. Let us help you make the process easier. Here are 10 reasons to choose our team of criminal lawyers from Lyons Law Group;

 

Result-focused criminal lawyers 

 

Our team will work to achieve the best result for you in the shortest time possible. However, we do aim to provide quality over quantity service to you. Our criminal lawyers appear in all criminal and traffic matters, including trials, sentencing, bail applications, and apprehended violence orders. We are a result-focused firm of lawyers.

At Lyons Law, we do not make any unrealistic promises for results. You will be advised on the most realistic results achievable in your case, including acquittals of all charges against you. Nevertheless, you can be sure that our team will work extremely hard to achieve the best possible outcome for you.

 

Proven Track Record

 

Our experienced defence lawyers are passionate about representing their clients and achieving the best outcome. Lyons Law is a team of solicitors who are dedicated, and with our support staff, you can be confident of the highest quality of legal representation. We have an exceptional track record of results. We provide our outstanding client service at an affordable rate for our clients.

 

Fixed Fees

 

We always let our clients know how much their cases will cost from the beginning. This makes it easier for them to decide whether or not they want to proceed with the case. Not only do we offer fixed fees for many types of criminal cases and services, but also free first phone consultations. In addition, our firm offers fixed fees applicable to a wide range of Local Court cases such as drink driving, fraud, drug possession, assault, and AVOs.

 

Free First Conference

 

For all of those individuals who are going to court, we offer a free first 15-minute phone conference with one of our senior criminal defence lawyer. It is best you email our office all your relevant documents before a conference so criminal lawyers can provide the best advice within that time frame.

 

Highly experienced criminal defence lawyer

 

Lyons Law Group is a highly experienced team of criminal lawyers. Our team is led by Mohammad Khan, who is one of the best criminal lawyers in Sydney. He has represented clients in some of Australia’s most high-profile cases and was under the direct tutelage of Australia’s leading criminal lawyer Adam Houda.

 

Moreover, our team has worked and successfully represented clients on highly complex trials and sentences in NSW.

 

Work closely with Australia’s leading criminal law barrister

 

We work closely with some of Australia’s leading criminal law barristers. Barristers are usually instructed in more serious matters, and their experience and input can be invaluable to your case. The barristers we regularly instruct range from Queen’s counsels, Senior counsels and highly experienced junior-senior counsels.

 

Specialist for District and Supreme Court trials

 

Our team of sydney criminal lawyers have worked on numerous District and Supreme Court trials in NSW. We have worked on extremely complex criminal law trials that require impeccable preparation and understanding of the law.

 

Specialist for bail applications in NSW

 

Lyons Law Group is a highly experienced team of bail lawyers. We have regularly obtained bail for clients for extremely serious charges that carry life sentences. For types of charges, bail is usually denied by a Court.

 

In house Experts

 

Our criminal lawyers have in-house investigators with decades of law enforcement experience and assist our team with process service, background checks, integrity testing, investigations, surveillance, and bug detection.

 

For the preparation of jury trials and defended hearings, these services can be utilised on behalf of our client to achieve the best result.

 

Appearance at all Courts in NSW

 

From Broken Hill to Waverly, our criminal lawyers appear in all courts throughout New South Wales.

 

If you wish to contact us or book your first free 15-minute phone conference, contact us on 0404479096 or send us an email at info@lyonslaw.com.au.

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