CRIMES ACT 1914 – SECT 44 Compounding offences

CRIMES ACT 1914 – SECT 44

Compounding offences

             (1)  A person (the first person ) commits an offence if:

                     (a)  the first person:

                              (i)  asks for, receives or obtains any property, or benefit, of any kind for himself or herself or another person; or

                             (ii)  agrees to receive or to obtain any property, or benefit, of any kind for himself or herself or another person; and

                     (b)  the first person does so upon an agreement or understanding that the first person will:

                              (i)  compound or conceal an offence; or

                             (ii)  abstain from, discontinue or delay a prosecution for an offence; or

                            (iii)  withhold evidence of an offence; and

                     (c)  the offence referred to in paragraph (b) is an indictable offence against a law of:

                              (i)  the Commonwealth; or

                             (ii)  a Territory.

Penalty:  Imprisonment for 3 years.

             (2)  Absolute liability applies to the paragraph (1)(c) element of the offence.

Note:          For absolute liability, see section 6.2 of the Criminal Code .

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