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Where am I now? Lawlink > Law Reform Commission > Publications > Report 93 (1999) - Review of Section 316 of the Crimes Act 1900 (NSW)

Report 93 (1999) - Review of Section 316 of the Crimes Act 1900 (NSW)


TABLE OF CONTENTS


Terms of reference
Letter to the Attorney-General
Participants
List of recommendations

CHAPTER 1. INTRODUCTION
OVERVIEW
THE CONDUCT OF THE REFERENCE TO DATE
Legislative action since the Discussion Paper was published
STRUCTURE OF THIS REPORT

CHAPTER 2. THE OFFENCE OF CONCEALMENT OF A SERIOUS OFFENCE
BACKGROUND TO SECTION 316
THE PROVISION
PROSECUTIONS UNDER SECTION 316
Local Courts
Higher courts

CHAPTER 3. REFORM OF SECTION 316
THE COMMISSION’S VIEW
ANALYSIS OF THE CASE FOR RETAINING THE STATUS QUO
ANALYSIS OF THE CASE FOR REFORMING S 316
Philosophical objections to section 316
Legitimate reasons for concealing serious offences

    Fear
    Victims
    Residential care facilities
    Confidential relationships
Terms of section 316
    “Serious offence”
    Information or beliefs which must be reported
    Mens rea
    “Benefit”
    Approval of Attorney General
CONCLUSION
Concealing a serious offence
    Minority view
Compounding a serious offence

Appendix A: Submissions received
Appendix B: List of consultations
Bibliography


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