White Collar Crime Topics Menu
Doogue & O'Brien Testimonials
"I don't think I could have coped if I lost my trial. The preparation you put in was amazing."
Gary F
"I was proud that we stood up and fought the charges. I would have lost everything if I had been found guilty."
Peter L
"Your compassion during my time of need was outstanding. Many thanks."
Cameron A
"Lots of people kept telling me I should plead guilty except for your firm. You were right."
Lee W
"Everyone was judging me except for you. That support really helped me get through a terrible time."
John A
Suppression of documents
Suppression of documents
What the Law states - Suppression of documents
Crimes Act 1958 - SECT 86
Suppression etc. of documents86. 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
