What the Law states - Compounding Crimes
Sections 133 of the Criminal Code Queensland states:
(1) Any person who asks for, receives or obtains or agrees or attempts to receive or obtain any property or benefit of any kind for himself, herself or any other person, upon agreement or understanding that the person will compound or conceal a crime, or will abstain from, discontinue, or delay. a prosecution for a crime, or will withhold any evidence thereof, is guilty of an indictable offence.
is guilty of a crime.What the Police must prove - Compounding Crimes
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
The accused:
1. asks, receives, or obtains, or agrees or attempts to receive or obtain;
2. any property or benefit of any kind;
3. for the person or any other person;
4. upon any agreement that the person will
(a) compound or conceal a crime; or
(b) will abstain from, discontinue or delay a prosecution fro a crime; or
(c) will withhold any evidence thereof.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
Maximum Penalty - Compounding Crimes
The Maximum penalty for the offence of Compounding Crimes is 7 years if the crime is such that a person convicted of it is liable to be sentenced to imprisonment for life, the offender is guilty of a crime.
In any other case the offender is guilty of a misdemeanour, and is liable to imprisonment for 3 years.
Which court will hear the matter - Compounding Crimes
This matter is indictable which means it is dealt with in the District Court.
Possible Defences - Compounding Crimes
Possible defences to this offence include but are not limited to
1. Identification i.e. not the accused
2. The accused did not ask, receive or obtain, or agree or attempt to obtain property of benefit.
3. The accused did not withhold evidence.
4. The accused did not abstain from, discontinue or delay a prosecution of a crime.
5. The accused did not withhold evidence.
Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Compounding Crimes matters)
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