Have you been charged with Destruction of Evidence?

What does it mean to be charged with destruction of evidence?

Section 254 of the Crimes Act 1958 (“CA”) criminalises the destruction, concealment, or alteration of any document or thing that is, or is reasonably likely to be, required as evidence in a legal proceeding. This offence is treated seriously because it undermines the integrity of the legal process by preventing evidence from being used in court.

What Must the Prosecution Prove:

For someone to be found guilty of the Destruction of Evidence under Section 254, the prosecution must prove the following elements:

1.You must have known, or should have reasonably known, that the document or object was:

• • Required, or
  • Reasonably likely to be required as evidence in a legal proceeding.

This means that even if a case has not yet started, but a person knows the item may be important for a future legal case, this section applies.

2.You either:

• • Destroyed, concealed, or altered the document or item, making it illegible, undecipherable, or impossible to identify, or
  • Authorised or permitted another person to do any of the above.

This includes directly committing the act or allowing someone else to do it with your knowledge or approval.

3. The act must have been done with the intention of preventing the document or thing from being used as evidence in a legal proceeding.

If the destruction or concealment happened without this intent, the offence may not be established.

Penalties for destruction of evidence:

• Maximum Penalty: The offence is punishable by Level 6 imprisonment, which is up to 5 years.
• Alternatively, a Level 6 fine or both imprisonment and a fine may be imposed.
• For a body corporate: If a company or other legal entity is found guilty, the maximum fine is 3000 penalty units (as per the Sentencing Act 1991, section 113D).

Where will my case be heard?

This offence is classified as indictable, which means it is a serious crime and will typically be heard in the County Court of Victoria. However, some less serious cases may be dealt with in the Magistrates’ Court under certain conditions.

Factors and defences to consider:

• Knowledge:

The prosecution must prove that you knew or should have known that the document or item was relevant to a legal case.

• Intention:

The act of destruction or concealment must have been carried out with the specific intention of preventing the item from being used in court. Without this intent, the charge may fail.

• Reasonableness:

If you can show that they did not reasonably know the item was going to be used in legal proceedings, they may have a defence.

What happens next?

If you are facing a Destruction of Evidence charge, the stakes are high, and early action is key to ensuring the best possible outcome.

A specialist criminal lawyer at MK Law will guide you through the complexities of the legal process, help build a strong defence, and work to reduce the impact on your life, whether by securing an acquittal or negotiating a reduced penalty.

The sooner you begin, the more options you and your lawyer will have to navigate this serious charge effectively.

Do not delay, call MK Law on 1800 130 120 today.