The objective seriousness of an offence of hindering a police investigation under s 315 of the Crimes Act 1900 (NSW) must be assessed by reference to the offence actually being investigated at the time of the hindering conduct, not a more serious offence that may later eventuate. Where the victim was alive at the time of the false statements, the offence being investigated was assault, not homicide. Where concurrent sentences are imposed under the Pearce principle, the sentence for the more serious offence must be capable of encompassing the total criminality including any lesser offence and Form 1 matters; if it cannot, cumulative sentences are required.
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