Crimes Act 1914

Part III - Offences relating to the administration of justice  

Division 3 - Evidence and witnesses  

View history reference

 View history note

 Hide history note

History

Div 3 heading inserted by No 3 of 2011, s 3 and Sch 2 item 10, effective 3 March 2011.

SECTION 39   DESTROYING EVIDENCE  

View history reference

39(1)    
A person commits an offence if:

(a) the person knows that a book, document or thing of any kind is, or may be, required in evidence in a judicial proceeding; and

(b) the person:

(i) destroys the book, document or thing; or

(ii) renders the book, document or thing illegible, undecipherable or incapable of identification; and

(c) the person does so with the intention of preventing the book, document or thing from being used in evidence; and

(d) the judicial proceeding is a federal judicial proceeding.

Penalty: Imprisonment for 5 years.

39(2)    
Absolute liability applies to the paragraph (1)(d) element of the offence.

Note:

For absolute liability, see section 6.2 of the Criminal Code .

 View history note

 Hide history note

History

S 39 substituted by No 3 of 2011, s 3 and Sch 2 item 11, effective 3 March 2011. S 39 formerly read:

SECTION 39 DESTROYING EVIDENCE  
Any person who, knowing that any book, document, or other thing of any kind, is or may be required in evidence in a judicial proceeding, intentionally destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, shall be guilty of an offence.

Penalty: Imprisonment for 5 years.

S 39 amended by No 24 of 2001, s 3 and Sch 10 item 48, by substituting ``intentionally'' for ``wilfully''. For application provisions, see note under s 3BA.

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.