This offence involves the making or publishing of dishonest statements with the
intention of obtaining property belonging to another.
This offence came into force on 22 February 2010 and replaces repealed offences of
obtaining money by false or misleading statement (Section 178BB) and director/officer
publishing false statement (Section 176).
In short this offence is committed by a person who dishonestly makes a statement
with intent to obtain a financial advantage or cause a financial disadvantage.
A person does not commit an offence under this Part by obtaining or intending to
obtain property belonging to another unless the person intends to permanently deprive
the other of the property.
The maximum penalty for the offence of Intention to defraud by false or misleading
statementis 5 years.
What the police must prove
- Accused did make (or publish) a statement; and
- The making (or publishing) of the statement was dishonest (as defined);
- The accused intended to obtain property belonging to another, or obtain a
financial advantage or cause a financial disadvantage.
Dishonesty means dishonest
according to the standards of ordinary people and known by the defendant to be
dishonest according to the standards of ordinary people.
- A person "obtains property"
- the person obtains ownership, possession or control of the property for
himself or herself or for another person, or
- the person enables ownership, possession or control of the property to be
retained by himself or herself or by another person, or
- the person induces a third person to do something that results in the
person or another person obtaining or retaining ownership, possession or control of
"Obtain" a financial advantage
- obtain a financial advantage for oneself or for another person, and
- induce a third person to do something that results in oneself or another person
obtaining a financial advantage, and
- keep a financial advantage that one has, whether the financial advantage is
permanent or temporary.
Permanently deprive: A person
obtaining property belonging to another without meaning the other permanently to lose
the thing itself has, nevertheless, the intention of permanently depriving the other of
it if the person's intention is to treat the thing as his or her own to dispose of
regardless of the other's rights. A borrowing or lending of the property may amount to
so treating it if, but only if, the borrowing or lending is for a period and in
circumstances making it equivalent to an outright taking or disposal.
"Property belongs" to a person
- the person has possession or control of the property, or
- the person has a proprietary right or interest in the property (not being an
equitable interest arising only from an agreement to transfer or grant an interest or
from a constructive trust).
where to next?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in corporate crime and will be able to guide you through the process while dealing with the various authorities related to your matter.
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