Other Criminal Offences – VIC

Welcome to the VIC Interfere with corpse of a human being article page. Everything you need to know about Interfere with corpse of a human being according to VIC law.

What the Law States according to VIC Law for Interfere with corpse of a human being

According to VIC Law for the charge of Interfere with corpse of a human being,

Crimes Act 1958 – SECT 34B
Offence to interfere with corpse of a human being

34B. Offence to interfere with corpse of a human being

(1) A person must not intentionally-

(a) interfere sexually or commit an indecent act with a corpse of a human being; or

(b) unlawfully remove body parts from a corpse of a human being-

whether that corpse is in a public cemetery within the meaning of the Cemeteries and Crematoria Act 2003 or at any other place.

Penalty: Level 6 (5 years maximum).

(2) Subsection (1) does not apply to-

(a) any person who is engaged in the preparation of a corpse of a human being for the purposes of interment or cremation within the meaning of the Cemeteries and Crematoria Act 2003; or

(b) any other lawful interference with a corpse of a human being, including a lawful interference for the purposes of a medical, scientific or hygienic procedure.

The Maximum Penalty – Interfere with corpse of a human being

According to VIC Law for the charge of Interfere with corpse of a human being, 5 years.

What the Police must prove according to VIC Law for Interfere with corpse of a human being

1. The accused interferes or commits an indecent act
2. With a corpse of a human being or
3. A person who unlawfully removes body parts from a corpose of a human being

Possible Defences under VIC Law – Interfere with corpse of a human being

(1) Lawful excuse for removal of body parts of corpse
(2) Factual dispute

In VIC which court will hear the matter – Interfere with corpse of a human being

Magistrates’ Court or County Court

 

Date: 09/01/2009