Have you been Charged with Assisting a Person to Avoid Apprehension?
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What does it mean to be charged with assisting a person to avoid apprehension?
This offence is covered under Section 51I if the Crimes Act 1958 (“CA”) occurs when a person (A) intentionally provides information to another person (B) with the specific intention that B will use the information to avoid or reduce the likelihood of being apprehended for committing an offence related to child abuse material under sections 51B, 51C, 51D, 51E, 51F, 51G, or 51H.
The crimes included in this charge are all related to the production, distribution and use of child abuse material.
For example, if ‘A’ advises ‘B’ on how to anonymously engage with child abuse material online or how to delete incriminating electronic material, ‘A’ would be guilty of this offence.
Crucially, it is not necessary for the prosecution to prove that ‘B’ used the information or that ‘B’s’ identity is known. Furthermore, this law applies even if some of the conduct occurred outside Victoria, as long as ‘A’ or ‘B’ were in Victoria during the relevant time.
What must Prosecution Must Prove:
1.The prosecution must prove that ‘A’ provided information to ‘B’, which could be done electronically, verbally, or in writing.
It doesn’t matter if ‘A’ and ‘B’ were in different locations (e.g., ‘A’ in one state or country, and ‘B’ in another).
2. The prosecution must show that ‘A’ intended ‘B’ to use the information to evade arrest or reduce the chances of apprehension for one of the specific offences (i.e., those involving child abuse material under sections 51B to 51H).
This intent is crucial—A must have known that the information could assist ‘B’ in avoiding arrest for such offences.
3. The prosecution must establish that ‘B’ had committed, or was suspected of committing, an offence related to child abuse material under the relevant sections (51B to 51H).
This can involve providing information that helps ‘B’ hide or destroy evidence, or otherwise reduce the likelihood of being caught.
What constitutes “Child Abuse Material”?
Under Section 51A of the CA, “child abuse material” is defined as material that meets the following criteria:
(a) Content or Depictions:
The material must depict or describe one or more of the following involving a person who is, appears to be, or is implied to be a child (i.e., under 18 years of age):
- (i) Torture, cruelty, or physical abuse:
- The child is shown as a victim of torture, cruelty, or physical abuse, regardless of whether the abuse is sexual in nature.
- (ii) Sexual abuse:
- The child is depicted as a victim of sexual abuse.
- (iii) Sexual activity or pose:
- The child is shown engaging in, or appearing to engage in, a sexual pose or sexual activity, regardless of whether this occurs in the presence of another person.
- (iv) In the presence of sexual activity:
- The child is shown in the presence of another person who is engaging in or appearing to engage in a sexual pose or activity.
- (v) Genital or anal region:
- The material focuses on or depicts the genital or anal region of the child.
- (vi) Breast area:
- In the case of a female child, the material focuses on or depicts the breast area.
(b) Offensiveness:
The material must be something that reasonable persons would regard as offensive, considering the circumstances. This means that ordinary members of the community, applying contemporary standards of morality and decency, would find the content offensive.
Penalties for assisting a person to avoid apprehension:
This is a serious offence that carries with it a 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
Factors and Defences to Consider:
- Did you assist a person to avoid apprehension for a range of crimes?
- Did you show or teach anyone how to encrypt files?
- Did you show or teach anyone how to use the net anonymously so that they could use this knowledge or similar knowledge to avoid apprehension for a crime that they had committed?
- What were the surrounding circumstances of your offence?
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
Given the limited defences available for this crime, it is important you engage a specialist criminal defence lawyer to tailor a defence that will aid you in your personal circumstances.
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Offence to Perform Female Genital Mutilation
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Intention of Having Prohibited Female Genital Mutilation Performed
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Sexual Activity with the Corpse of Human Being
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Rape or Rape by Compelled Penetration
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Sexual Assault
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Sexual Assault by Compelling Sexual Touching
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Assault with Intent to Commit a Sexual Offence
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Threat to Commit a Sexual Offence
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Procuring Sexual Act by Threat or Procuring Sexual Act by Fraud
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Administration of an Intoxicating Substance for a Sexual Purpose
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Failing to Comply with Sex Offender Reporting
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Abduction or Detention for a Sexual Purpose
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Furnishing False or Misleading Information
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Indecent Act with a Child Under the Age of 16
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Sexual Activity Directed at Another Person
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Sexual Penetration of a Child Under the Age of 12
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Sexual Penetration of a Child Aged 16 or 17 Under Care, Supervision, or Authority
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Sexual Assault of a Child Aged 16 or 17 Under Care, Supervision, or Authority
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Sexual Activity in the Presence of a Child Aged 16 or 17 Under Care, Supervision or Authority
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Causing a child aged 16 or 17 under care, supervision, or authority to be present during sexual activity
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Persistent Sexual Abuse of a Child Under the Age of 16
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Encouraging a Child Aged 16 or 17 Under Care, Supervision or Authority to Engage in, or Be Involved in, Sexual Activity
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Grooming for Sexual Conduct with a Child under the Age of 16
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Loitering Near Schools Etc by a Sexual Offender
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Failure by a Person in Authority to Protect a Child from a Sexual Offence
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Abduction or Detention of a Child Under the Age of 16 for a Sexual Purpose
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Causing or Allowing a Sexual Performance Involving a Child
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Inciting or Offering a Sexual Performance Involving a Child
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Facilitating a Sexual Offence Against a Child
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Sexual Penetration of a Child or Lineal Descendent
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Sexual Penetration of a Stepchild
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Sexual Penetration of a Parent, Lineal Ancestor or Stepparent
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Sexual Penetration of a Sibling or Half-Sibling
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Sexual Offences Against People with Impaired Mental Functioning (Repealed 2016)
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Child in the Production of Child Abuse Material
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Distributing Child Abuse Material
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Administering a Website Used to Deal With Child Abuse Material
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Accessing Child Abuse Material
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Assisting a Person to Avoid Apprehension
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Sexual Assault of a Person with Cognitive Impairment or Mental Illness
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Using Force, Threat etc. to Cause Another Person to Provide Commercial Sexual Services
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Causing Another Person to Provide Commercial Sexual Services in Circumstances Involving Sexual Servitude
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Aggravated Sexual Servitude
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Deceptive Recruiting for Commercial Sexual Services
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Bestiality
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Child Stealing
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Bigamy
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Abortion Performed by Unqualified Person
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Concealing the Birth of a Child
What happens next?
If you are facing charges related to assisting a person to avoid apprehension, your immediate next step is to contact MK Law to schedule an initial consultation with their experienced legal team. During this meeting, you will have the opportunity to discuss the specifics of your case in detail, allowing the lawyers to evaluate your situation comprehensively and provide you with tailored preliminary advice.
MK Law will meticulously review all relevant information and may request additional evidence or documentation to strengthen your defence. Throughout the legal process, they will keep you informed, offering ongoing legal guidance and preparing you for any necessary court appearances. When your case goes to trial, MK Law will represent you, working diligently to advocate for the best possible outcome on your behalf.
To begin, reach out to MK Law by calling 1800 130 120 or visiting their website to arrange your consultation.
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