South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 177

177—Offence to destroy etc human remains to pervert course of justice

        (1)         A person who knowingly—

            (a)         destroys, removes, conceals or alters human remains; or

            (b)         performs any other act or omission intended or likely to result in human remains being less likely to be found (whether by a police officer or otherwise),

for the purposes of—

            (c)         concealing the commission of an offence relating to the human remains; or

            (d)         concealing or destroying evidence consisting of the human remains; or

            (e)         impeding an investigation of an offence relating to the human remains; or

            (f)         influencing a decision by a person whether or not to charge a person with an offence relating to the human remains; or

            (g)         influencing the outcome of legal proceedings relating to the human remains (whether the proceedings are in progress or proceedings that are to be or may be instituted at a later time),

is guilty of an offence.

Maximum penalty: Imprisonment for 15 years.

        (2)         Despite section 26 or any other provision of the Sentencing Act 2017 , a court sentencing a person for an offence against this section where the person is also found guilty of causing the death of the decedent must direct that the sentence be cumulative on any sentence of imprisonment or detention in a training centre being served, or to be served, by the defendant (other than a sentence of life imprisonment) in relation to that causing of death.

        (3)         In proceedings for an offence against this section, it is not necessary for the prosecution to prove that the defendant was aware of the identity of the person who allegedly committed the relevant offence.

        (4)         A person may be found guilty of an offence against this section whether or not a person has been found guilty of the murder of, or otherwise causing the death of, the decedent.

        (5)         A person may be found guilty of an offence against this section whether committed within or outside this State if a court of this State has jurisdiction to deal with the principal offender.