A sentencing judge passing sentence for a s 315(1)(a) offence (hindering investigation) must not attribute to the offender conduct constituting the more serious offence under s 319 (perverting the course of justice), including by finding that the offender's actions prevented prosecution for a more serious offence. Relevant factors for assessing objective criminality of a s 315(1)(a) offence include the seriousness of the underlying offence, whether the offence was committed on the spur of the moment, the duration of the hindrance, the offender's motive, and whether the offender stood to gain any benefit.
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