Victorian Current Acts

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CRIMES ACT 1958 - SECT 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

Note 1 to s. 254(1) substituted by No. 69/2009 s. 40.

1     Document is defined in the Evidence Act 2008 .

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.

New s. 255 inserted by No. 6/2006 s. 3.



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