The maximum penalty for the offence of tampering with evidence is 10 years in prison.
However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.
These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.
In the Local Courts
The most common penalty imposed for tamper with evidence with intent to mislead judicial tribunal under section 317(a) of the Crimes Act is community correction order, followed by fine only, then intensive correction order.
The most common penalty imposed for fabricate false evidence with intent to mislead judicial tribunal under section 317(b) of the Crimes Act is intensive correction order and community correction order.
The most common penalty imposed for use fabricated false evidence with intent to mislead judicial tribunal under section 317(c) of the Crimes Act is community correction order.
In the Higher Courts
The most common penalty imposed for tamper with evidence with intent to mislead judicial tribunal under section 317(a) of the Crimes Act is intensive correction order.
The most common penalty imposed for fabricate false evidence with intent to mislead judicial tribunal under section 317(b) of the Crimes Act is section 12 suspended sentence.
The most common penalty imposed for use fabricated false evidence with intent to mislead judicial tribunal under section 317(c) of the Crimes Act is periodic detention.
For expert advice and formidable legal representation from an experienced team of specialist criminal defence lawyers, call Sydney Criminal Lawyers on (02) 9261 8881 to arrange a conference and let Australia’s Most Awarded Criminal Defence Law Firm fight for the optimal outcome in your case.