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VIC Criminal Law - Charging a Person with Concealment of Evidence?

Discussion in 'Criminal Law Forum' started by Dwayne Harry, 18 November 2015.

  1. Dwayne Harry

    Dwayne Harry Well-Known Member

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    Can a person be charged with "deliberately concealing evidence" under Criminal Law, by declining to answer a question in a Victorian Civil and Administrative Tribunal" and/or are they liable for any other form of prosecution?
     
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  2. Louise4007

    Louise4007 Well-Known Member

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    Hi Dwayne

    VCAT hear matters that can be resolved by dispute resolution (human rights, civil, tenancy etc) & can only make a decision based upon the evidence presented to them.

    A summons to appear compelling a witness to give either documentary, oral or other evidence may be issued & failing that, silence will result in the tribunal making orders based only upon the evidence presented which may of course result in a less than desirable outcome for a party whose evidence/argument has not been presented.
     
  3. Dwayne Harry

    Dwayne Harry Well-Known Member

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    Thanks Louise, that clarifies everything. Greatly appreciated.
     
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  4. Dwayne Harry

    Dwayne Harry Well-Known Member

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    Hi again Louise,

    If the person withholding evidence does it for malicious purposes, i.e. to inflict psychological pain and suffering as well as financial gain, can they be sued?

    Also, what is the criminal offence for a person deliberately providing incorrect information to a hospital leading to an incorrect medical diagnosis causing both physical and psychological pain and suffering?

    Kind Regards
     
  5. Louise4007

    Louise4007 Well-Known Member

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    Hi Dwayne

    Generally & in legal terms, for an action (lawsuit) in negligence to be successful, a duty of care must exist between parties, that duty must be breached & damage/harm or loss must have been suffered by the party alleging as a consequence of the breach. A duty of care is a legal obligation to avoid causing harm.

    A defendant breaches a duty of care to avoid the risk of harm/damage/loss occurring, where in similar circumstances, a reasonable person would have done so by acting in such a manner to avoid a breach of duty.

    Many factors are assessed by courts before deciding if negligence exists, if breach has occurred & whether an award of damages for loss & harm ( including psychological ) should be made.

    Best to consult a lawyer experienced in handling negligence cases to advise in the specific circumstances of such a case - Get Connected with the Right Lawyer for You.
     

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