Offence to destroy human remains to pervert the course of justice

Section 177 of the Criminal Law Consolidation Act 1935 (SA) provides that it is an offence to destroy, remove, conceal or alter human remains, or do any act which may result in the human remains being less likely to be found, for the purpose of:

where the offence relates to the human remains.

Maximum penalty: 15 years' imprisonment.

Where the offender also caused the death of the person, any sentence imposed for this offence relating to human remains must be cumulative upon the sentence for the offence of causing the death of the person [s 177(2)]. The sentences cannot be served concurrently and one single penalty cannot be imposed in respect of both offences (despite section 26 of the Sentencing Act 2017 (SA)).

It is not necessary for the prosecution to prove that the defendant caused the death of the decedent or that the defendant knew the identity of the person who caused the death of the decedent [s 177(3) and (4)].

Offence to defile human remains

It is an offence under section 178 of the Criminal Law Consolidation Act 1935 (SA) to:

Maximum penalty: 15 years' imprisonment.

This offence differs from the section 177 offence in that it is unnecessary to prove one of the five purposes required for that offence.

Any sentence for the section 178 offence is not required to be cumulative.

Offence to fail to report finding human remains

A person who finds human remains, or a thing they reasonably suspect may be human remains, must report that fact to a police officer as soon as practicable after the discovery [Criminal Law Consolidation Act 1935 (SA) s 179(1)]. The location of the suspected remains must also be reported.

Maximum penalty: 5 years' imprisonment.

A report is not required where the person reasonably believes another person has reported the existence and location of the remains to a police officer or other required authority [s 179(2), see also Criminal Law Consolidation (General) (Human Remains Reporting) Amendment Regulations 2022].

Offence to conceal human remains

A person who has found human remains, or a thing they reasonably suspect may be human remains, is guilty of an offence if they conceal the human remains or thing found [Criminal Law Consolidation Act 1935 (SA) s 179(4)].

Maximum penalty: 5 years' imprisonment.

Alternative verdicts

A person charged with the offence of destroying human remains to pervert the course of justice [s 177] may instead be found guilty of the offence of defiling human remains [s 178], failing to report finding human remains [s 179(1)] or concealing human remains [s 179(4)] if the trial judge instructs the jury that they may do so [s 180].

Interment offences

Section 13 of the Burial and Cremation Act 2013 (SA) set outs numerous offences relating to the interment of human remains at cemeteries and natural burial grounds, including: