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Destruction of Evidence

Evidence – VIC

Welcome to the VIC Destruction of evidence article page. Everything you need to know about Destruction of evidence according to VIC law .

What the Law States according to VIC Law for Destruction of evidence

According to VIC Law for the charge of Destruction of evidence:

Crimes Act 1958 – SECT 254
Destruction of evidence

254. Destruction of evidence

(1) A person who-

(a) knows that a document or other thing of any kind is, or is reasonably likely to be, required in evidence in a legal proceeding; and

(b) either-

(i) destroys or conceals it or renders it illegible, undecipherable or incapable of identification; or

(ii) expressly, tacitly or impliedly authorises or permits another person to destroy or conceal it or render it illegible, undecipherable or incapable of identification and that other person does so; and

(c) acts as described in paragraph (b) with the intention of preventing it from being used in evidence in a legal proceeding-

is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum) or a level 6 fine or both. Notes 1. Document is defined in section 38 of the Interpretation of Legislation Act 1984. 2. The maximum fine that may be imposed on a body corporate found guilty of an offence against this section is 3000 penalty units: see Sentencing Act 1991 s. 113D.

(2) This section applies with respect to a legal proceeding, whether the proceeding is one that is in progress or is to be, or may be, commenced in the future.

The Maximum Penalty – Destruction of evidence

According to VIC Law for the charge of Destruction of evidence, 5 years / 3000 penalty units.

What the Police must prove according to VIC Law for Destruction of evidence

1. The accused has knowledge that a document is, or is likely to be required in a legal proceeding
2. The accused destroys or conceals it, or reders it incapable of identification- or
3. Authorises another person to destroy, conceal or render it incapable of indentification.
4. The accused does so with the intention of preventing it from being used in evidence in a legal proceeding.

Possible Defences under VIC Law – Destruction of evidence

1. Lack of knowlegde
2. Lack of intent
3. Factual dispute

In VIC which court will hear the matter – Destruction of evidence

County Court

 

Date: 09/01/2009

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