This article is for general information only and should not be relied on for specific legal advice. The author will not be held responsible for any action that a person takes as a result of interpretation of the contents of this article. It is important to seek specific advice from a qualified and experienced lawyer for any legal problem.
What is Compounding an Indictable Offence?
‘Compounding an Indictable Offence’ is the act of agreeing to accept consideration (benefit which can include money or property etc) in exchange for not reporting or disclosing information that may assist Police or law enforcement to charge or prosecute someone for their illegal activity. To ‘compound’ in this context means to come to an arrangement or settlement.
It can include a manager of a nightclub accepting money from someone who has just punched another patron of the club in exchange for deleting CCTV footage or not identifying them to police. In this situation, only the manager would be liable for the charge of ‘compounding’ whereas the person offering the benefit to the manager would more likely be charged with the offence of Bribery.
The Law:-
Section 133 of the Criminal Code (Qld) 1899 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 any agreement or understanding that the person will compound or conceal an indictable offence, or will abstain from, discontinue, or delay, a prosecution for an indictable offence, or will withhold any evidence thereof, is guilty of an indictable offence.
Elements of the Offence:-
It is the duty of the prosecutor to prove beyond a reasonable doubt that the Defendant has committed the offence. Every charge has a number of elements that the Prosecutor must prove beyond a reasonable doubt. For the charge of Compounding a Crime the Prosecution must prove;
- Defendant – The Prosecutor has to prove the identification of the offender;
- Asks for, receives, obtains, agrees or attempts to receive and obtain;
- Property or Benefit;
- For Themselves or Another Person;
- Upon Agreement;
- The Defendant will Compound or Conceal a Crime (abstain or discontinue prosecution or withhold evidence)
Maximum Penalty for Compounding a Crime:-
The maximum penalty for this offence varies between three years imprisonment to seven years imprisonment depending on whether there are circumstances of aggravation.
Convictions:-
In Queensland, if a person is convicted of Compounding a Crime, then the court could impose one of the following penalties:
- Jail (suspended, parole or actual time);
- Intensive Corrections Order;
- Probation;
- Community Service Order;
- Fines.
The actual penalty will depend on the circumstances of the matter including the seriousness of the offence and the individual circumstances and background of the Defendant.
Possible Defences:-
There are a number of defences available to charges at law. Not every defence is available to every charge. You will need to seek specific legal advice to see if you have a defence available to you for this charge. Some of the common defences available in criminal charges are;
- Necessity;
- Mistake of Fact;
- Public Safety;
- Self Defence or defence of another person;
- Intoxication;
- Provocation;
- Accident;
- Duress;
- Compulsion;
- Insanity;
- Automatism
Which Court will your matter be heard in?
The charge of Compounding a Crime will ordinarily be heard in the Magistrates Court in Queensland. The charge will be heard and determined by a Magistrate alone whether you plead guilty or not guilty. There is no jury in the Magistrates Court.
In some circumstances (where there is an aggravating feature of the charge) the matter cannot be dealt with by a Magistrate and will have to proceed to the District Court. In that event a committal hearing will have to be conducted and then the matter will proceed to the District Court. If you enter a plea of guilty then the charge will be determined by a Judge. If you enter a plea of Not Guilty then the trial will be before a Judge and Jury. If you are found guilty then you will be sentenced by the Judge.
What should I do if the police want to speak to me about a Compounding a Crime allegation or if I am charged with Compounding a Crime?
You have the right to remain silent. You DO have to provide police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
Call an Expert
If you are charged with a criminal offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court. Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
