fbpx

Table of Contents

Tampering With Evidence in NSW

evidence bag

One common aspect of criminal proceedings is the critical role that evidence plays in establishing guilt or innocence. The tampering with evidence is a serious offence that undermines the integrity of the justice system.

 

Tampering with evidence, also known as evidence tampering, refers to the act of altering, hiding, destroying, or fabricating physical or digital evidence with the intent to deceive or mislead investigators, prosecutors, or the court during an investigation or trial. This act obstructs the truth-seeking process and impedes justice, potentially leading to wrongful convictions or the escape of guilty parties. One of the primary legislation is s317 which provides as follows;

 

CRIMES ACT 1900 – SECT 317

 

Tampering etc with evidence

 

317 Tampering etc with evidence

 

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

(b) 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.

In New South Wales, tampering with evidence is considered a serious criminal offence, punishable under various sections of the Crimes Act 1900 (NSW) and other relevant legislations. The specific sections that address evidence tampering are generally related to perverting the course of justice or hindering investigations. Some of the relevant sections are:

 

Section 319 of the Crimes Act 1900 (NSW) – Perverting the Course of Justice

 

Under this section, it is an offence to obstruct, prevent, pervert, or defeat the course of justice. This includes acts of tampering with evidence to prevent the truth from emerging during an investigation, trial, or other legal proceedings.

 

Section 316 of the Crimes Act 1900 (NSW) – Fabricating Evidence

 

This section deals with the act of fabricating or presenting false evidence with the intent to deceive and influence the outcome of a legal proceeding. Tampering with evidence can involve presenting altered or forged documents or physical evidence to mislead the court.

 

Section 317 of the Crimes Act 1900 (NSW) – False Accusations

 

While not directly related to evidence tampering, this section is important as it criminalises making false accusations against another person. False accusations can contribute to the manipulation of evidence and hinder the pursuit of truth in a criminal case.

Consequences of Tampering with Evidence

The consequences of tampering with evidence can be severe, reflecting the seriousness of the offence and its potential impact on the justice system. If found guilty of evidence tampering in NSW, an individual may face the following consequences:

 

Full Time Custodial Sentence

 

Offenders may be sentenced to a significant term of imprisonment, depending on the nature and gravity of the tampering. Prison terms can range from several months to several years. Other sentencing options can be Intensive Corrections Orders and Conditional Release Orders.

 

Fines

 

The court may impose substantial fines as a penalty for evidence tampering, in addition to or in place of imprisonment.

 

Criminal Record

 

A conviction for tampering with evidence will result in a criminal record, which can have far-reaching consequences on a person’s personal and professional life.

 

Adverse Impact on Other Cases

 

Tampering with evidence not only affects the specific case at hand but also has broader implications. It can lead to the collapse of a trial or the wrongful conviction of an innocent person, undermining public confidence in the justice system.

 

Professional Consequences

 

For people found guilty of evidence tampering, there may be severe professional repercussions, including losing your licence or job.

Need a AVO Lawyer in Sydney?

Send An Online Enquiry

“Thank you Lyons Law Group on providing me an exceptional service delivered with care, compassion and a high level of professionalism. The outcome was more than what I had expected. A true reflection of your legal expertise and experience. Thank you Mohammad and team.”
Layalle Itaoui

Defences Against Allegations of Evidence Tampering

Common defences against evidence tampering charges may include:

 

Lack of Intent

 

One of the key elements of evidence tampering is the presence of intent. If it can be demonstrated that the alleged tampering was accidental or unintentional, it may weaken the prosecution’s case.

 

Insufficient Evidence

 

Demonstrating that the prosecution’s case lacks sufficient evidence to prove beyond a reasonable doubt that tampering occurred can lead to acquittal.

 

Tampering with evidence undermines the foundation of justice, and the legal system takes a firm stance against such acts.

 

As such, it is vital to uphold the principles of truth and fairness while zealously advocating for the rights of our clients. The pursuit of justice requires a steadfast commitment to the rule of law, ensuring that the guilty are held accountable while protecting the innocent from wrongful conviction. If you have been wrongly charged with tampering with evidence, contact one of our avo lawyers at Lyons Law Group. Our firm has free consultation lawyers to assist and provide legal advice to you.

Our Recent Articles

What Our Clients Say About Us

Mansoor RamzanMansoor Ramzan
16:17 15 Apr 24
Lyons Law Mohammed khan,hijran, and the team have done the fantastic work.The team is really knowledgeable, professional, and capable of doing the law work.I highly recommend Lyons lawyer and especially Mr. Khan.
Lyons lawyers, principal solicitor khan, Hijran and the staff have been absolutely fantastic, friendly and efficient in handling my DV matters.The team is thoroughly professional, highly knowledgeable and I couldn’t recommend them enough. If you are in need of a law firm that genuinely cares, I highly recommend Lyons lawyers.
Maan TVMaan TV
20:34 31 Jan 24
Best lawyer ,very kind and corporative staff. 100% satisfactory results.
Liv MLiv M
03:52 16 Jan 24
Md SajibMd Sajib
09:47 10 Jan 24
Nuralam MiaNuralam Mia
03:17 10 Jan 24
Md RiponMd Ripon
04:31 07 Jan 24
Nur MohammadNur Mohammad
11:02 05 Jan 24
Mshafiq786 ShafiqMshafiq786 Shafiq
10:26 26 Dec 23
SohagSohag
08:29 26 Dec 23
King AhmedKing Ahmed
04:00 26 Dec 23
Hijran has been the best and nicest lawyer there is
Muhammad Aslam sajidMuhammad Aslam sajid
10:41 20 Dec 23
Hani MakkiHani Makki
01:56 20 Dec 23
I engaged Hijran from Lyons Law. She was fantastic. She studied my case closely, even after understanding my record was well below average She decided to assist me. She conducted herself well, was always prompt, professional and helpful. She explained my best and worst outcome. She worked diligently and got me the best outcome NO CONVICTION!!! I would like to extend my gratitude to Hijran. Thank you so much.
Anowar SorkarAnowar Sorkar
01:25 20 Dec 23
Sana MollahSana Mollah
02:04 17 Dec 23
Aiyub Ahamed JabinAiyub Ahamed Jabin
13:54 15 Dec 23
MdAbul HossainMdAbul Hossain
02:23 15 Dec 23
Younus RahamanYounus Rahaman
22:49 12 Dec 23
SHAHIN HossainSHAHIN Hossain
11:49 08 Dec 23
Rubel HossenRubel Hossen
01:29 08 Dec 23
Aman UllahAman Ullah
03:15 06 Dec 23
Dennis BernalDennis Bernal
08:18 05 Dec 23
Lyons Law Group provides such a holistic experience. Such exceptional services and could not recommend, Mohammad, Hijran and the team enough. Sound communication and always going above and beyond. The team represented a family member of mine that achieved the best outcome because of the quality of work and time invested into the matter. From my family, to the dream team at Lyons Law Group, thank you!
Rezaul karim RanaRezaul karim Rana
01:47 03 Dec 23
MD. Ramim HassanMD. Ramim Hassan
09:27 30 Nov 23
hridoy hasan pipluhridoy hasan piplu
04:36 29 Nov 23
PM. ParvejPM. Parvej
04:49 27 Nov 23
ShantoShanto
03:55 26 Nov 23
Md Ismaile hossenMd Ismaile hossen
10:46 25 Nov 23
MD SohelMD Sohel
10:33 25 Nov 23
Sheikh SajibSheikh Sajib
10:12 23 Nov 23
Your MotherYour Mother
07:13 20 Nov 23
Legends!!
SophieSophie
02:22 23 Oct 23
"Absolutely fantastic lawyer! Enis Erdem is a true professional who handles cases with skill, dedication, and genuine concern for their clients. He kept me informed throughout the entire process, making sure I understood every step. Enis Erdem is not only knowledgeable but also empathetic, which made a stressful legal situation much more manageable. I can't thank him enough for their outstanding work!"Highly recommended
Bahaddin DibBahaddin Dib
04:59 10 Oct 23
I had Mr khan who is the principal solicitor represent me today, Mr khan fought for me all the way and got me the best result possible. I would highly recommend him for all your law matters and can confidently say that he strives his best for his clients.
Mash HasanMash Hasan
00:38 21 Sep 23
Thank you so much. Great team of criminal defence lawyers.
Joanna StobinskiJoanna Stobinski
02:18 03 Sep 23
I found Lyons Law to be pro-active and easy to work with when dealing with the recent court case of my son.
Joseph BorgJoseph Borg
22:50 02 Aug 23
Mohammad and the team at the Lyons Law Group are a great to work with, they are polite and go above and beyond to help. We are very happy with the assistance they provided our family. I'd highly recommend the team at Lyons Law Group!
Shofiul AzamShofiul Azam
03:32 19 Jul 23
Mr Khan has extensive knowledge of the law and I am very much delighted about his service.
Julie NJulie N
07:12 11 Jul 23
Mohamad and Hijran are professional and straight to the point team. Highly recommended.
samdani gsamdani g
05:35 22 Jun 23
Very friendly and hard working
Mohammad and his time are the greatest criminal lawyers I have dealt with, they are extremely professional and can assist with any cases, big or small.
DR BernoussiDR Bernoussi
04:16 07 Mar 23
Mr Khan was so polite and helpful in directing me to the best possible outcome for my situation. The amount of support and knowledge they offered me was next to none. I didn’t feel like I was being mislead or looked at like a piggy bank. Mr khan and his team have your best interest into getting the best outcome. Pleasure guys kind regards Dr bernoussi
Natasha SusmanNatasha Susman
09:20 26 Jan 23
Lyons Law Group is honestly outstanding ! Hijran especially, not only is she so professional but she does her best and always is there to answer all questions with such understanding. Hijran honestly goes above and beyond and I'll forever be grateful. I highly recommend Lyons Group.
steve .H.steve .H.
16:59 26 Dec 22
A big thank you to Lyons law group, very professional. Mohammad was exceptionally well and handled my case amazing as well as Hijran!!! They really care about your case, I highly recommend this company!
Norris “Chuck” LuNorris “Chuck” Lu
04:15 30 Nov 22
I cannot express my gratitude to the Lyons law team with a big special mention to Mohammad. Having spent the last few years enduring and coping with the most difficult and stressful situation of me and my family's life.I have been using Mohammad and the team at Lyons Law from day one. They guided us through each difficult process in the most professional manner with full transparency, care and compassion.Through each difficult process up to the very last moment they only delivered results that exceeded every and anything we could have expected. Every outcome was exactly as planned and in turn got amazing results.So once again I cannot recommend Mohammad and the team at Lyons law enough. So like I and my Family did, have confidence that Lyons law will always strive for and deliver the best possible outcome.
Omar MOmar M
01:31 16 Nov 22
A BIG thank you to Lyons Law Group with helping me achieve the best outcome for my case. From day one they were very professional, straight to the point and very easy to communicate with, keeping me updated and informed with everything I needed to know. Honestly, exceptional service and support.Thank you once again to Mohammad & Team.
Edward HindsEdward Hinds
05:59 07 Nov 22
Lyons Law Group is amazing. They are very professional, sympathetic, and helpful. I was kept informed during every step. The level of support was second to none. Mohammad went above and beyond and updated me regularly. Hijram too was amazing. Her calls and court representation made me feel at ease. This was a great experience. I cannot recommend Lyons Law Group enough. My gratitude extends to all involved in the handling of my case.
js_loader

Author

  • Lyons Law Group | Criminal Defence Lawyers

    Lyons Law Group is a boutique firm of expert criminal solicitors and barristers. Lyons Law Group is dedicated to strong advocacy when representing its clients with an approach that is tailored to every client’s specific needs.