Victorian Current Acts

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Procedure and evidence

S. 93(1) amended by No. 68/2009 s. 97(Sch. item 40.8).

    (1)     Any number of persons may be charged in one indictment with reference to the same theft, with having at different times or at the same time handled all or any of the stolen goods, and the persons so charged may be tried together.

    (2)     On the trial of two or more persons for jointly handling any stolen goods the jury may find any of the accused guilty if the jury are satisfied that he handled all or any of the stolen goods, whether or not he did so jointly with the other accused or any of them.

    (3)     In any proceedings for the theft of anything in the course of transmission (whether by post or otherwise), or for handling stolen goods from such a theft, a statutory declaration made by any person that he despatched or received or failed to receive any goods or postal packet, or that any goods or postal packet when despatched or received by him were or was in a particular state or condition, shall be admissible as evidence of the facts stated in the declaration, subject to the following conditions—

        (a)     a statutory declaration shall only be admissible where and to the extent to which oral evidence to the like effect would have been admissible in the proceedings; and

S. 93(3)(b) amended by No. 9848 s. 18(1).

        (b)     a statutory declaration shall only be admissible if at least seven days before the hearing or trial a copy of it has been given to the person charged, and he has not, at least three days before the hearing or trial or within such further time as the court may in special circumstances allow, given to the informant or the Director of Public Prosecutions as the case requires, written notice requiring the attendance at the hearing or trial of the person making the declaration.

    (4)     This section is to be construed in accordance with section 90.

S. 94 amended by No. 7876 s. 2(3), substituted by No. 8425 s. 2(1)(b), repealed by No. 10260 s. 114(Sch. 4 item 4).

    *     *     *     *     *

Heading preceding s. 95
inserted by No. 8425 s. 2(1)(b).

General and consequential provisions

S. 95 amended by No. 8181 s. 2(1)
(Sch. item 33), substituted by No. 8425 s. 2(1)(b).

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