Have you been Charge with Suppression of Documents?
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Good Faith, Use of Position and Use of Information as Criminal Offence
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Financial Assistance by a Company for Acquiring Shares in the Company or a Holding Company
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Failing to Keep Proper Records
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Failing to Keep Additional Records for Taxation
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Inclusion of False or Misleading Information in Records
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Failing to Provide Access to Records
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Form of Record
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Giving False or Misleading Information to Tax Officers
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Deliberately Omitting Information
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Falsifying or Concealing Identity
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Tax Evasion
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Contaminating Goods with Intent to Cause, or Being Reckless as to Whether it would Cause, Public Alarm or Economic Loss
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Destruction of Evidence
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Corporate Criminal Responsibility, section 255
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False Accounting
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Falsification of Documents
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Suppression of Documents
What does it mean to be charged with Suppression of Documents?
Being charged with suppression of documents under Section 86 of the Crimes Act 1985 (“CA”) involves allegations that a person has acted dishonestly to destroy, deface, conceal, or deceive regarding certain types of documents with the intent to gain for themselves or another or to cause loss to another party. This may include valuable securities, wills, or original documents associated with court proceedings or government departments.
What does the prosecution have to prove?
For the offence outlined in Section 86(1), the prosecution must establish the following:
- You destroyed, defaced, or concealed a document.
- You acted dishonestly.
- You did so:
a. With the intention of gaining a benefit for themselves or another; or
b. With the intent to cause loss to another party.
For the offence described in Section 86(2), the prosecution must demonstrate that:
- You procured the execution of a valuable security, or participated in the making, acceptance, endorsement, alteration, cancellation, or destruction (in whole or in part) of a valuable security, or the signing or sealing of any document or material so that it could be converted into or treated as a valuable security.
- You did this through deception.
- You acted dishonestly.
- You did so:
- With the intention of gaining a benefit for themselves or another; or
- With the intent to cause loss to another party.
Penalties for Suppression of Documents:
Level 5 Imprisonment. The maximum penalty for this offence is 10 years of imprisonment.
Where will my case be heard?
Suppression of Documents cases will be heard in the Magistrates’ Court or County Court of Victoria.
Factors and Defences to consider:
Did you dishonestly/intentionally deceive?
- What was the document involved?
- What were the surrounding circumstances? Destruction? Defacement? Concealment?
- Did your actions result in loss for another party?
- Did you have legitimate reason or authority to act on the document or belief that you had the right to do so?
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-
Good Faith, Use of Position and Use of Information as Criminal Offence
-
Financial Assistance by a Company for Acquiring Shares in the Company or a Holding Company
-
Failing to Keep Proper Records
-
Failing to Keep Additional Records for Taxation
-
Inclusion of False or Misleading Information in Records
-
Failing to Provide Access to Records
-
Form of Record
-
Giving False or Misleading Information to Tax Officers
-
Deliberately Omitting Information
-
Falsifying or Concealing Identity
-
Tax Evasion
-
Contaminating Goods with Intent to Cause, or Being Reckless as to Whether it would Cause, Public Alarm or Economic Loss
-
Destruction of Evidence
-
Corporate Criminal Responsibility, section 255
-
False Accounting
-
Falsification of Documents
-
Suppression of Documents
What happens next?
If you’ve been charged with suppression of documents, the first crucial step is to reach out to MK Law for immediate legal advice. Your lawyer will guide you through the complexities of your case, helping you to understand the charges against you and the potential consequences. They will review all relevant evidence, including any documentation or communications related to the allegation, and work with you to formulate a strong defence strategy tailored to your specific circumstances.
It is essential to attend all court appearances as these are critical to your case. Your lawyer will advise you on how to prepare for these hearings and what to expect during the process. They will also assist you in exploring various possible defences, negotiating potential settlements, or preparing for trial if necessary. Early legal representation is vital, as it equips you with the knowledge and support needed to navigate the legal system effectively, increasing your chances of achieving the best possible outcome.
Moreover, maintaining open lines of communication with your lawyer throughout this process is important. They will keep you informed of any developments in your case and advise you on the best course of action at each stage. If you need expert advice, don’t hesitate to call 1800 130 120 for confidential assistance tailored to your situation.
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- 1800 130 120
- marcus@mklawfirm.com.au