Victorian Consolidated Legislation

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.