Under Section 316 of the Crimes Act 1900 (NSW), it is an offence to conceal a serious indictable offence without a reasonable excuse. This provision applies where a person knows that a serious crime has been committed and fails to provide information that could assist in apprehending or prosecuting the offender.

Serious Indictable Offence

A serious indictable offence refers to an offence punishable by five years imprisonment or more, including life imprisonment.

Elements

To establish the offence, the prosecution must establish that:

• The accused knew or believed that the offence had occurred.
• The accused possessed information that might be of material assistance for the apprehension or prosecution of the offender.
• The accused failed to disclose that information to the police or another appropriate authority.
• The accused had no reasonable excuse for failing to report it.

Reasonable Excuse

A person may have a reasonable excuse for not reporting the offence in circumstances such as:

• the information relates to a sexual offence or a domestic violence offence against a person, and
• the person was an adult at the time the information was obtained by the person, and
• the person believes on reasonable grounds that the alleged victim does not wish the information to be reported to police or another appropriate authority.

Penalties

The penalties for concealing a serious indictable offence depend on the circumstances:

• 2 years imprisonment, where the concealed offence carries a maximum penalty of up to 10 years.
• 3 years imprisonment, where the concealed offence carries a maximum penalty of more than 10 years but not more than 20 years.
• 5 years imprisonment, where the concealed offence carries a maximum penalty exceeding 20 years.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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