Assisting A Person To Avoid Apprehension, these charges are all related to the production, distribution and use of child abuse material.
Assisting a person to avoid apprehension is a serious offence that carries a maximum custodial term of 10 years. You need to hire a lawyer immediately.
Have you been charged with assisting a person to avoid apprehension?
Some questions to ask your lawyer are: Did you assist a person to avoid apprehension for a range of crimes? The crimes included in this charge are all related to the production, distribution and use of child abuse material.
Did you show or teach anyone how to encrypt files or use the net anonymously so that they could use this knowledge or similar knowledge to avoid apprehension for a crime that they had committed? It is not necessary for the dignity of the person who received this information to be discovered, or even for the information given to be used.
A mistaken but honest and reasonable belief that the material is not offensive is not a defence to this charge.
The Offence
Section 51I of the Crimes Act 1958
The prosecution must prove
- The defendant intentionally provided information; and
- Intended for another person to use the information for the purpose of avoiding or reducing the likelihood of apprehension for an offence against particular sections of the Crimes Act 1958.
The Maximum Penalty
Level 5 imprisonment being a maximum of 10 years.
Where will My Case Be Heard?
Assisting A Person to Avoid Apprehension cases can only be heard in the County Court or Supreme Court Victoria
Questions to Consider
Did you assist anyone in avoiding apprehension in any way? If you are planning to plead guilty, what can you do to try to minimize your sentence?
What to do next?
At this point you really need to lawyer up. Why would you put your freedom at risk by trying to go ahead with your own defence without a lawyer?
If you have been charged with assisting a person to avoid apprehension you need to call us straight away to get in touch with an experienced Child Sex Offence Lawyer.
The Legislation
Section 51I Assisting a person to avoid apprehension
(1) A person (A) commits an offence if—
(a) A intentionally provides information to another person (B); and
(b) A intends that B use the information for the purpose of avoiding or reducing the likelihood of apprehension for an offence committed by B against section 51B(1), 51C(1), 51D(1), 51E(1), 51F(1), 51G(1) or 51H(1).
Examples
1 A provides information to B about how to use a website to deal with child abuse material anonymously or how to encrypt electronic material containing child abuse material.
2 A provides information to B about how to delete electronic material that records information about B’s identity.
(2) A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
(3) It is not necessary to prove—
(a) the identity of the person to whom the information was provided; or
(b) that the information was actually used by the other person.
(4) It is immaterial that some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria, so long as the other person was in Victoria at the time at which that conduct occurred.
(5) It is immaterial that the other person was outside Victoria at the time at which some or all of the conduct constituting an offence against subsection (1) occurred, so long as that conduct occurred in Victoria.
(6) For the purposes of subsections (4) and (5), information is provided by A to B at the place where A is at the time of giving that information irrespective of where B is at the time of receiving that information.
Note
A mistaken but honest and reasonable belief that reasonable persons would not regard the child abuse material as offensive is not a defence to this offence—see section 51U.
