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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:
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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