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Suppression of Documents

Fraud Offences – VIC

Welcome to the VIC Suppression of documents article page. Everything you need to know about Suppression of documents according to VIC law.

What the Law States according to VIC Law for Suppression of documents

According to VIC Law for the charge of Suppression of documents,

Crimes Act 1958 – SECT 86
Suppression etc. of documents

86. Suppression etc. of documents

(1) A person who dishonestly, with a view to gain for himself or another or with intent to cause loss to another, destroys, defaces or conceals any valuable security, any will or other testamentary document or any original document of or belonging to, or filed or deposited in, any court of justice or any government department is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).

(2) A person who dishonestly, with a view to gain for himself or another or with intent to cause loss to another, by any deception procures the execution of a valuable security is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum) and this subsection shall apply in relation to the making, acceptance, indorsement, alteration, cancellation or destruction in whole or in part of a valuable security, and in relation to the signing or sealing of any paper or other material in order that it may be made or converted into, or used or dealt with as, a valuable security, as if that were the execution of a valuable security.

(3) For purposes of this section deception has the same meaning as in section 81, and valuable security means any document creating, transferring, surrendering or releasing any right to, in or over property, or authorizing the payment of money or delivery of any property, or evidencing the creation, transfer, surrender or release of any such right, or the payment of money or delivery of any property, or the satisfaction of any obligation.

The Maximum Penalty – Suppression of documents

According to VIC Law for the charge of Suppression of documents, 10 years.

What the Police must prove according to VIC Law for Suppression of documents

86 (1)
1. the accused destroyed, defaced or concealed a document as described in s 86;

2. did so dishonestly; and

3. did so–
(i) with a view to gain for himself or another; or
(ii) with intent to cause loss to another.

s 86(2)
1. that the accused procured the execution of a valuable security or the making, acceptance, endorsement, alteration, cancellation or destruction in whole or in part of a valuable security or the signing or sealing of any paper or other material so that it might be converted into or used or dealt with as a valuable security;

2. by deception;

3. did so dishonestly;

4. did so-
(i) with a view to gain for himself or another; or
(ii) with intent to cause loss to another.

Possible Defences under VIC Law – Suppression of documents

1. Lack of intention
2. Factual dispute

In VIC which court will hear the matter – Suppression of documents

Magistrates’ Court if the amount or value of the alleged gain or loss does not in the judgment of the Court exceed $100,000, otherwise the County Court.

 

Date: 09/01/2009

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