Victorian Consolidated Legislation

Crimes Act 1958 - SECT 93

Procedure and evidence

93. Procedure and evidence



(1) Any number of persons may be charged in one indictment or presentment with
reference to the same theft, with having at different times or at the same
time handled all or any of the stolen goods, and the persons so charged may be
tried together.

(2) On the trial of two or more persons for jointly handling any stolen goods
the jury may find any of the accused guilty if the jury are satisfied that he
handled all or any of the stolen goods, whether or not he did so jointly with
the other accused or any of them.

(3) In any proceedings for the theft of anything in the course of transmission
(whether by post or otherwise), or for handling stolen goods from such a
theft, a statutory declaration made by any person that he despatched or
received or failed to receive any goods or postal packet, or that any goods or
postal packet when despatched or received by him were or was in a particular
state or condition, shall be admissible as evidence of the facts stated in the
declaration, subject to the following conditions-

   (a)  a statutory declaration shall only be admissible where and to the
        extent to which oral evidence to the like effect would have been
        admissible in the proceedings; and

   (b)  a statutory declaration shall only be admissible if at least seven
        days before the hearing or trial a copy of it has been given to the
        person charged, and he has not, at least three days before the hearing
        or trial or within such further time as the court may in special
        circumstances allow, given to the informant or the Director of Public
        Prosecutions as the case requires, written notice requiring the
        attendance at the hearing or trial of the person making the
        declaration.

(4) This section is to be construed in accordance with section 90.



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General and consequential provisions