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Lionel Rattenbury
Criminal Defence Lawyer


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Perjury Offences - NSW
Welcome to the NSW Tampering with evidence article page. Everything you need to know about Tampering with evidence according to NSW law - Dated: 01/09/2009

What the Law States according to NSW Law for Tampering with evidence
According to NSW Law for the charge of Tampering with evidence,

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
1057 Tamper with evidence with intent to mislead judicial tribunal-T1
1058 Fabricate false evidence with intent to mislead judicial tribunal-T1
1059 Use fabricated false evidence, mislead judicial tribunal-T1

The Maximum Penalty - Tampering with evidence
According to NSW Law for the charge of Tampering with evidence,

The maximum penalty for the charge of tampering with evidence (Section 317 of the Crimes Act) is 10 years imprisonment.

In NSW, a court can impose any of the following penalties for a tampering with evidence charge.

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

Local Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of tampering with evidence, if heard in the Local Court, is likely to be a suspended sentence under section 12 of the Crimes (Sentencing Procedure) Act.

District Court

If the matter is finalised in the District Court the likely penalty is a suspended sentence under section 12 of the Crimes (Sentencing Procedure) Act for a period of 12 months.

What the Police must prove according to NSW Law for Tampering with evidence

To convict you of a tampering with evidence charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You suppressed, concealed, destroyed, altered or falsified anything, or fabricated false evidence (other than by perjury or suborning perjury), or knowingly made use of fabricated false evidence.
  2. You knew that it was or may be required as evidence in any judicial proceeding.
  3. It was done with intent to mislead any judicial tribunal in any judicial proceeding.

They will also need to prove that you were the person who committed the tampering with evidence offence.

Possible Defences under NSW Law - Tampering with evidence

Possible defences to a tampering with evidence charge include but are not limited to:

In NSW which court will hear the matter - Tampering with evidence

This matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Section 10 for a tampering with evidence charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.

Fines for a tampering with evidence charge: When deciding the amount of a fine for a tampering with evidence charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

Good behaviour bond for a tampering with evidence charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. .

Community service order for a tampering with evidence charge. (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.

Suspended sentence for a tampering with evidence charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.

Periodic detention for a tampering with evidence charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a tampering with evidence charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.

Jail for a tampering with evidence charge: This is the most serious penalty for the charge of tampering with evidence and involves full time detention in a correctional facility. Read more.

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