Victorian Current Acts

CRIMES ACT 1958 - SECT 325

    (1)     Where a person (in this section called the principal offender ) has committed a serious indictable offence (in this section called the principal offence ), any other person who, knowing or believing the principal offender to be guilty of the principal offence or some other serious indictable offence, without lawful authority or reasonable excuse does any act with the purpose of impeding the apprehension, prosecution, conviction or punishment of the principal offender shall be guilty of an indictable offence.

    (2)     If, on the trial of any person for a serious indictable offence, the jury are satisfied that the offence charged (or some other serious indictable offence of which the accused might on that charge be found guilty) was committed, but find the accused not guilty of it, they may find him guilty of any offence under subsection (1) of which they are satisfied that he is guilty in relation to the offence charged (or that other offence).

S. 325(3) amended by No. 68/2009 s. 97(Sch. item 40.21).

    (3)     A person charged with an offence against subsection (1) may be indicted and convicted together with or before or after the principal offender and whether or not the principal offender is amenable to justice.

    (4)     A person convicted of an offence against subsection (1) shall be liable—

S. 325(4)(a) substituted by No. 49/1991 s. 119(1)
(Sch. 2 item 65(a)), amended by No. 48/1997
s. 60(1)(Sch. 1 item 96(a)).

        (a)     if the principal offence is one for which the penalty is level 1 imprisonment (life) to level 3 imprisonment (20 years maximum); or

        (b)     in any other case, to imprisonment for a term which is neither—

S. 325(4)(b)(i) amended by No. 49/1991 s. 119(1)
(Sch. 2 item 65(b)), substituted by No. 48/1997
s. 60(1)(Sch. 1 item 96(b)).

              (i)     more than 5 years in length; nor

              (ii)     more than one-half the length of the longest term which may be imposed on first conviction for the principal offence.

S. 325(5) repealed by No. 9848 s. 18(1).

    *     *     *     *     *

    (6)     In this section, "serious indictable offence" means an indictable offence which, by virtue of any enactment, is punishable on first conviction with imprisonment for life or for a term of five years or more.

Pt 2 Div. 1 Subdiv. (4) (Heading) inserted by No. 9576 s. 4(1).

(4) Concealers of offences

S. 326 substituted by No. 9576 s. 4(1).