Just Helping a Mate? When Loyalty Becomes a Serious Crime in Australia

Key Takeaways

• Loyalty vs. The Law: Acts of loyalty intended to help a friend in legal trouble—such as lying to police or hiding them—are not seen as "helping" by the law. They are serious criminal offences.

• Key Offences: These acts can lead to charges like Perverting the Course of Justice, being an Accessory After the Fact to a crime, and Receiving Stolen Goods.

• Severe Penalties: These are not minor offences. A conviction can result in a criminal record and significant terms of imprisonment, sometimes almost as severe as the original crime itself.

• Protect Yourself First: The best way to help a friend in legal trouble is to advise them to seek a lawyer, not to become a criminal yourself. You must seek your own independent legal advice if you are asked to get involved.

Introduction

In many cultures, loyalty to friends is a profound virtue. The idea of "义气" (yìqì)—a code of honour and brotherhood—or the Australian ideal of "mateship" means standing by your friends, especially when they are in trouble. But in the eyes of Australian law, some acts of "helping a mate" cross a dangerous line, turning a well-intentioned person into a criminal.

People with no criminal history often find themselves facing serious charges simply because they tried to protect a friend. They didn't commit the original crime, but their actions afterwards made them guilty of a separate, serious offence.

This guide explores three common "helping a friend" traps that can lead to criminal convictions in Australia.

Important Note: The laws governing these offences are found in both state legislation (like the Crimes Act 1900 (NSW)) and common law. This article uses NSW law as a primary example.

Learn more about the Crimes Act 1900 in NSW at NSW Legislation.

The Australian justice system is designed to function based on truth and transparency. Any action that is deliberately intended to mislead police, hide evidence, or help a guilty person escape justice is seen as an attack on the system itself.

The law does not make exceptions for loyalty. Your legal duty is to not interfere with an investigation or the course of justice. When you choose to help a friend break the law or evade capture, you are making a choice to commit a crime yourself.

Scenario 1: Providing a False Alibi ("He was with me.")

The Situation: Your friend is being investigated for an offence and asks you to tell the police that they were with you at the time the crime was committed. It seems like a simple lie to help them out.

The Crime: This is not a "white lie." This is a deliberate act to mislead a police investigation. It can lead to a charge of Perverting the Course of Justice or Hindering a Police Investigation. As we covered in our guide on Offences Against Justice, these are very serious crimes. The police and courts see this as a direct attempt to corrupt the truth-finding process.

The Consequence: A conviction for this offence often carries a penalty of imprisonment, as it strikes at the heart of the justice system.

Scenario 2: Hiding a Wanted Friend (Harbouring an Offender)

The Situation: You find out your friend is wanted by the police. They show up at your door asking for a place to stay for a few nights, for a lift to another city, or for some cash to help them lie low.

The Crime: This is the classic definition of being an Accessory After the Fact. To be guilty, the prosecution must prove:

• A serious crime was committed by your friend (the principal offender).

• You knew about the crime.

• You provided assistance with the intent of helping them escape justice.

Giving them a place to sleep, food, money, or transport all count as providing assistance.

The Consequence: The penalties for being an accessory are extremely severe and are often linked to the penalty for the original crime. You are risking a long prison sentence for a crime you did not even commit.

Scenario 3: Handling Stolen Goods ("I got a great deal.")

The Situation: Your friend offers to sell you a brand-new laptop or a luxury handbag for a price that seems too good to be true. You suspect it might be stolen, but you buy it anyway because it's a bargain.

The Crime: This is the offence of Receiving Stolen Goods. The law often goes further, with a charge of "goods in personal custody reasonably suspected of being stolen." For this charge, the police don't even have to prove the goods were stolen, only that you were in possession of them and that there was a reasonable suspicion they were stolen.

"Willful blindness"—deliberately avoiding asking questions because you don't want to know the answer—is not a defence. If the circumstances are highly suspicious, the law may assume you knew or believed the goods were stolen. This is a specific type of dishonest acquisition, related to the principles in our guide on Theft/Larceny.

The Consequence: This offence carries penalties including fines and imprisonment, depending on the value of the goods. You will also get a criminal record for an offence of dishonesty.

By trying to "help" a friend in these situations, you are not just risking a fine. You are risking:

• A serious criminal record that can affect your employment and ability to travel.

• Substantial fines.

• A term of imprisonment.

• A negative impact on your own visa or immigration status.

You risk ruining your own life in a misguided attempt to protect a friend who has put you in an impossible position.

True loyalty does not mean breaking the law for someone else. When a friend asks you to lie to police, hide them from justice, or handle stolen property, they are not asking for your help—they are asking you to risk your own future.

The Australian legal system is built on the expectation that citizens will cooperate with the truth-finding process, not obstruct it. Choosing to protect a friend by committing a crime can result in two lives being ruined instead of one. If you find yourself in this difficult position, your priority must be your own legal safety. Seek independent legal advice immediately.

AHL Legal: Your Partner in Navigating Criminal Law

Facing legal issues related to helping a friend or need guidance on Australian criminal laws? At AHL Legal, we provide expert legal advice and representation to protect your rights and ensure compliance with the law.