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Interfere with Corpse of a Human being

– section 34B of the Crimes Act 1958

Interfere with Corpse of a Human Being is when someone either does something sexually to a corpse or takes away body parts from a corpse.

Interfere with Corpse of a Human BeingInterfere with Corpse of a Human Being
  • A man breaks into a Mortuary and has sex with the corpse of a woman.
  • A woman digs up the grave of her husband and removes his body parts to bury in her backyard.

  • You did not interfere with a corpse.
  • You did not intentionally interfere with a corpse.
  • The interference was for the purposes of a medical or scientific procedure.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this
  • Did you interfere with a corpse?
  • Can they prove you interfered with a corpse?

Maximum penalty and court that deals with this charge
The maximum penalty for this offence is level 6 imprisonment (5 years).

This charge may be heard in the Magistrates’ Court or the County Court.
 
The section that covers this offence is section 34B of the Crimes Act 1958

What is the legal definition of Interfere with Corpse of a Human Being?
The Prosecution must show that the accused interfered with or committed an indecent act with the corpse of a human being, or the accused removed body parts from the corpse of a human being.

“Did you do something to a corpse?”

What can you be sentenced to for this charge?
This is a rare offence that is not often charged. However if you are found guilty you may receive a prison sentence.