Failure To Produce Documents

What the law says

Section 37 of the Coroners Act, Queensland states:

(2) The Coroners Court may require a person to produce a document to the court before the start of an inquest.

(6) A person must comply with an order of the Coroners Court, unless the person has a reasonable excuse.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:

1. The Coroner’s Court required you to attend the Court prior to the inquest and produce a document; AND
2. You failed to attend the Coroner’s Court and produce the document when required.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

Maximum penalty – 40 penalty units.

Penalty unit = $100.00

Which court will hear the matter

Under section 3(5) of the Criminal Code Act  Queensland this offence is classed a simple offence and therefore may be heard in the Magistrates Court pursuant to section 19 of the Justices Act Queensland.

It is also possible that your matter will be heard in the District Court.

Possible defences

Possible defences to the offence include, but are not limited to:

1. The Coroner’s Court did not require you to attend the Court prior to the inquest and produce a document.
2. You in fact did attend the Coroner’s Court and produced the document as required.
3. You had a reasonable excuse, for example: You had no notice that the Coroner’s Court required you to attend the Court prior to the inquest and produce a document; OR
4. Duress – example: there was a threat of harm to the accused or another person that the accused reasonably believe would be carried out if he/she produced the document to the Coroner’s Court.
5. Insanity.
6. Identification i.e. the accused was not the offender.