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Suppression of documents

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Paul McClure
Criminal Defence Lawyer


Fraud Offences - VIC
The Law - Suppression of documents

What the Law states - 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.

Maximum Penalty in Victoria



10 years

What the Prosecution must prove - Suppression of documents - Vic


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 - Suppression of documents


Lack of intention

Factual dispute

Which court will hear the charge of 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

Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
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