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Soliciting, Accepting or Agreeing to Accept a Benefit for Concealing a Serious Indictable Offence

Soliciting, accepting or agreeing to accept a benefit for concealing a serious indictable offence is a crime under section 316(2) of the Crimes Act 1900, which carries a maximum penalty of:

5 years in prison where the maximum penalty for the offence concealed was not more than 10 years, 6 years in prison where the maximum for the offence concealed was more than 10 but not more than 20 years, or 7 years in prison where the maximum for the offence concealed was more than 20 years.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You knew or believed a ‘serious indictable offence’ had been committed by another person
  2. You knew or believed you had information of material assistance to secure the arrest, prosecution or conviction of the offender
  3. You failed to bring that information to the attention of police or another appropriate body, and
  4. You solicited, accepted or agreed to accept a benefit for failing to report the information.

A ‘serious indictable offence’ is one that carries a maximum prison sentence of at least 5 years.

It is not an offence to solicit, accept or agree to accept the making good of loss or injury provided the loss or injury was caused by the relevant offence, and constituted reasonable compensation for the loss or injury caused.

Duress is a defence to the charge.

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