Brisbane: (07) 3221 4999
Gold Coast: (07) 5532 3133
24 Hour Crime Line: 0488 999 980 or 18004POTTS
Brisbane
Level 1/420 George St,
Brisbane 4000
(07) 3221 4999
Gold Coast
44 Davenport St,
Southport 4215
(07) 5532 3133
24 Hour Crime Line
0488 999 980 or 18004POTTS

Facebook


Instagram

Twitter


Linkedin

YouTube

 

Improper Interference With A Corpse

Potts Lawyers > Criminal Law  > Murder & Manslaughter Offences > Improper Interference With A Corpse

What the law says

Sections 236 (b) of the Criminal Code Queensland states:

Any person who, without lawful justification or excuse, the proof of which lies with the person-

Improperly or indecently interferes with, or offers any indignity to, any dead human body or human remains, whether buried or not; is guilty of a misdemeanour.

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.

The accused

  1. without lawful justification or excuse improperly;
  2. indecently interferes with or offers any indignity to;
  3. any human body or human remains whether buried or not.

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

The Maximum penalty for the offence of Improper Interference with a Corpse is two years imprisonment.

Which court will hear the matter

This matter is indictable which means it is dealt with in the District Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. Lawful excuse i.e. body donated to medical research, organ transplant or the victim of a crime
  2. Insanity
  3. Identification i.e. not the accused
  4. That the body was not dead
  5. Duress
  6. Necessity

Do you need legal help or consultance? Contact us now.

Contact us now

free consultation