s86 Suppression of Documents

Have you been charged with Suppression of Documents etc.?

This is a serious charge which carries a heavy maximum penalty. You will need to carefully consider several issues before entering a plea to a Court.

The charge is a complex one – you will need to be able to understand the legislation thoroughly before you can proceed further. You should engage the services of a law firm that specialises in criminal law.

Please read below for more information in relation to this charge.

The offence

Section 86 of the Crimes Act 1958.

For the offence under Section 86(1) the prosecution must prove:

1. the defendant destroyed, defaced or concealed a document

2. the defendant did so dishonestly; and

3. the defendant did so:

   1. with a view to gain for himself or another; or

   2. with intent to cause loss to another.

For the offence under Section 86(2) the prosecution must prove:

1. the defendant 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. he or she did so by deception;

3. he or she did so dishonestly; and

4. he or she did so:

   1. with a view to gain for himself or another; or

   2. with intent to cause loss to another.

The maximum penalty

Level 5 imprisonment being a maximum of 10 years.

Where will my case be heard?

Suppression of Documents etc. cases can be heard in the Magistrates’ Court or County Court of Victoria.

Questions to consider

Do you have a defence? If you are pleading guilty, what can you do to minimise your sentence?

What to do next?

See an experienced criminal lawyer immediately. Preparation in relation to any matter is critical. Don’t leave it to the last minute.

If you have been charged with Suppression of Documents etc. make an appointment to see one of our experienced lawyers today.

The legislation

Section 86 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, endorsement, 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.