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These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Hinder Investigation - s.315 Crimes Act

315 Hindering investigation etc
(1) A person who does anything intending in any way 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,
 
    is liable to imprisonment for 7 years.

Case
(age if known)

OffenceOffence ConcealedPleaSentenceAppealRecordFacts

Skinner

[2000] NSWSC 303

G. James J

s.315MurderPG3y GBB  

Female – attempted to conceal involvement of brother and lover in killing committed during robbery – efforts actually assisted crown

Delay – interstate resident

Richmond

(26)

[2000] NSWCCA 173

s.315Dangerous driving causing deathPG300h CSOCrown ADMinor

Falsely stated he was driver of car involved in fatal accident – attempting to conceal affair with female driver – made false statement which was never accepted by police

Depression and suffering after effects of accident – good work circumstances

Bradley

(28)

[2002] NSWSC 1018

Bell J

s.315Mal wound with intent VG

2y GBB

(8w PSC)

 Minor – no gaol

Observed friend shoot male stranger in park – unaware shooting fatal – carried bag containing gun and participated in concealment in bushes – no planning or sophistication – offence committed over less than two hours

Delay – low intellect

Lawrence

(42)

[2004] NSWCCA 404

s.315

 

 

 

s.94

 

Sched:

Affray

Assault

PG

(25% on appeal)

5y

NPP 3y

 

 

FT 2y

(concurrent)

AA

2y 6m

NPP 6m

 

FT 2y

Total:

4y 6m

NPP 2y 6m

Very significant record – breached bailFemale- watched mentally ill de facto bash male neighbour – stole milk and phone – lied to police about injuries to de facto

Hamze

(28)

[2005] NSWSC 136

Howie J

s.315

 

 

Possess prohibited firearm

 

Sched

3 x firearm offences

Manslaughter

PG

(25%)

27m

NPP 18m

 

FT 6m

 

Total:

2y 9m

NPP 2y

PD

 Nil

Male shot dead during confrontation between two groups – took and concealed firearm found at scene – turned in weapon to police 6 months later – not weapon used to fire fatal shot – investigation generally hampered by reluctance of witnesses – unplanned

Good character - delay

Ahmad

(30)

[2005] NSWSC 848

Howie J

s.315Manslaughter

PG

(20%)

9m

suspended

 Nil

Female - male shot dead by husband during confrontation between two groups – lied to police about husband's whereabouts – provided needs and advised as to police investigations – premeditated and extended period of offending

Sole carer for three children – good character

Ibrahim

(37)

[2005] NSWSC 1028

Howie J

s.315(1)(a)Manslaughter

PG

(20%)

17m

NPP 12m

suspended

 PriorsMale shot dead during confrontation between two groups – assisted in hiding shooter over 1 month – delay compromised investigation – conduct at lower end of scale

Mobbs

(21)

[2005] NSWCCA 371

s.315(1)(a)Dangerous driving causing deathPG

15m

NPP 12m

AA

FT 4m

Record

Passenger in car involved in fatal accident – told police and medical staff he was driver – did not want driver to lose licence – no benefit – acting in state of shock – advised police of circumstances next day

De Simoni error made

Mobbs

[2005] NSWCCA 438

s.315Dangerous driving causing deathPG

15m

NPP 12m

PD

AA

6m 11d PD

 

Female – supported cousin's statement that he was driver of car – injured in accident – signed police statement at hospital – quickly recanted

Mother to small child – factual errors made on sentence

Bailey

(33)

[2006] NSWSC 49

Buddin J

s.315

 

 

s.315

Murder

PG

(25%)

8m

NPP 4m 8d

 

FT 2m

(concurrent)

 No gaol

Female – acquired accommodation for de facto husband and lied to police on arrest – aware de facto involved in fatal assault on one man and serious assault on second man – awkward position

Seven children – remorse – good prospects of rehabilitation

Grant

(34)

[2012] NSWSC 1491

Bellew J

s.315(1)(b)murderPG

12m

suspended

 nil

Female - aware partner involved in murder – advised partner on disposing of property linking him to murder – did not herself dispose of property – did not hinder police investigation – towards bottom of spectrum

Mother to six children

Weston

(33)

[2012] NSWSC 1498

Bellew J

s.315(1)(c)murderPG

12m

suspended

 nil

Female - aware partner involved in murder – lied to police on one occasion (Christmas Day) about presence in house – spontaneous and isolated occurrence – did not hinder police investigation

Sole carer to two children with additional needs – good character – intellectual impairment

Slacke

(35)

[2013] NSWSC 1215

RA Hulme J

s.315Inflict GBH with intentPG2y GBB lengthy

Boyfriend broke into home of male friend of female offender and bashed occupant causing severe head injuries – offender found body and contacted police - after removal of body offender attended house with boyfriend – delayed police in attempt to enter house allowing boyfriend to evade apprehension for short time – lower level of seriousness

Drug problem – in violent relationship with boyfriend

Sampson

(28)

[2014] NSWCCA 19

s.315(1)(b)Murder

PG

(25%)

3y

NPP 18m

s.10A

(would have imposed 12m suspended sentence but already served 11m custody)

record

Driving with de facto (S) of male charged with murder of police officer – when S advised police were intending to execute crime scene warrant at house instructed son of S by telephone to hide bullets – acting on behalf of S – police intercepted call and not actually hindered in investigation

Female aboriginal – deprived and violent childhood – drug abuse

Smith

(30)

[2017] NSWSC 900

Button J

s.315(1)(b)Murder

PG

(15%)

1y 3m

NPP 8m

 Lengthy – Local Court – breached bail for deriving disqual

Approached by girlfriend who indicated she had stabbed someone – buried knife and other items and assisted girlfriend wash herself of blood – lied to police – when learned victim had died told truth – spontaneous – offence extended over one day – motived by love for girlfriend

Remorse

Sentence partially concurrent with sentence imposed for cannabis plantation discovered by police when investigating burial of knife

Thomas

(28)

[2017] NSWSC 1542

Harrison J

s.315(1)(a) PG

Recording of conviction

(6m PSC)

 traffic offences

Several men seen on CCTV alighting from offender's car and chasing male into house – neither car nor male seen since incident - offender lied to police at request of friends advising car had been stolen – plea accepted in satisfaction of indictment which also charged accessory after the facto to murder – no suggestion involved in incident – lowest level of offending

Spent 6m 8d on remand for accessory offence

King

(35)

[2018] NSWSC 643

N.Adams J

s.315(1)(a)Murder

PG

(12%)

3y 4m

NPP 2y 4m

(immediate eligibility for parole)

 minor traffic offences

Female – involved in planning to clean up scene of killing in hotel room over several days – retrieved revolver and extended booking of room – not spontaneous offence – limited hindrance to investigation – lied to police – acted to protect boyfriend (not shooter)

Good prospects of rehabilitation - remorse

Kelecki

(32)

[2018] NSWSC 1209

N.Adams J

s.315(1)(b)murder

PG

(15%)

11m

NPP 7y

 short – driving and breach AVO – awaiting sentence for drug offences

Advised by friend male he had shot victim in leg – assisted shooter by disposing of jumper in nearby bin several days later – low degree of planning – motivated by desire to distance self from situation – lower end of scale – less serious than involvement of King [2018] NSWSC 643

Assaulted in gaol – genuine contrition – reasonable prospects of rehabilitation

Last updated: 13.9.2018