Directors Cheating or Defrauding
The Maximum Penalty for the Offence of Directors Cheating or Defrauding is Ten Years Imprisonment.
What Court is Likely to Hear the Matter
This matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
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 was director, officer or member of a body corporate or public company.
- The accused either:
- cheated or defrauded;
- did an act with intent to cheat or defraud; or
- omitted to do an act with intent to cheat or defraud.
- The act of cheating or defrauding was upon:
- the body corporate (public company); or
- any person in his or her dealings with the body corporate (public company).
It will be necessary for the police to prove that the accused was the person who committed the offence.
Possible defences to this offence include but are not limited to:
Section 176A of the Crimes Act states:
Whosoever, being a director, officer, or member, of any body corporate or public company, cheats or defrauds, or does or omits to do any act with intent to cheat or defraud, the body corporate or company or any person in his or her dealings with the body corporate or company shall be liable to imprisonment for 10 years.
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.