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Destruction of evidence
Destruction of evidence
What the Law states - Destruction of evidence
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.
Maximum Penalty for the charge of Destruction of evidence
5 years / 3000 penalty units
What the Prosecution must prove - Destruction of evidence
1. The accused has knowledge that a document is, or is likely to be required in a legal proceeding
2. The accused destroys or conceals it, or reders it incapable of identification- or
3. Authorises another person to destroy, conceal or render it incapable of indentification.
4. The accused does so with the intention of preventing it from being used in evidence in a legal proceeding.
Possible Defences - Destruction of evidence
1. Lack of knowlegde
2. Lack of intent
3. Factual dispute
Which court will hear the charge of Destruction of evidence
County Court
