CRIMINAL CODE 1899 - SECT 133
Compounding an indictable offence
CRIMINAL CODE 1899 - SECT 133
Compounding an indictable offence
133 Compounding an indictable offence
(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.
(2) If the indictable
offence is such that a person convicted of it is liable to be sentenced to
imprisonment for life, the offender is guilty of a crime, and is liable to
imprisonment for 7 years.
(3) In any other case the offender is guilty of a
misdemeanour, and is liable to imprisonment for 3 years.
(4) The offender can
not be arrested without warrant.
(5) Subsection (1) does not apply to an act
done for the purpose of the following—
(a) negotiations in accordance with
established legal practice between a lawyer representing the alleged offender
and the prosecution to achieve a just outcome in relation to the proceedings
for the offence;
(b) mediation in good faith between the alleged offender and
a victim of the offence or anyone acting in the interests of the victim in
relation to an apology, compensation or restitution;
(c) dispute resolution
relating to the alleged offence;
(d) discussions in good faith between the
alleged offender and police officers calculated to ameliorate the conduct of
the offender relevant to the alleged offence.
