I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
In the ACT, it is an offence to carry out false accounting. The offence of false accounting is contained in section 350 of the Criminal Code 2002 and is punishable by a maximum penalty of seven years imprisonment and/or a fine of 700 penalty units.
What is false accounting?
The offence of false accounting is committed where a person:
- dishonestly destroys or conceals an accounting document; and
- does so with the intention to obtain a gain or cause a loss
- makes or assists to make a false entry or an entry that is misleading as to a fact or detail in an accounting document; or
- omits or assists to omit a fact or detail from an accounting document; and
- does so with the intention to obtain a gain or cause a loss
- dishonestly presents or uses an accounting document with a false or misleading fact or detail; and
- are reckless about whether the document is false or misleading about a fact or detail; and
- does so with the intention to obtain a gain or cause a loss.
A person who commits the offence of false accounting is liable to imprisonment for up to seven years and/or a fine of 700 penalty units.
Specific intent offence
False accounting is a specific intent offence. This means that in order to prove a person is guilty beyond a reasonable doubt, the prosecution must show that the actions were carried out with a specific intent; in this case the accused must have had the intent to obtain a gain or to cause a loss.
What is an accounting document?
An accounting document is an account, record or other document made or needed for an accounting purpose.
What actions might constitute false accounting?
There are a variety of actions that may expose a person to this charge. These include:
- hiding company books from an auditor to avoid liabilities;
- making false entries in a business’s books to allow an individual to make an unauthorised gain;
- destroying paperwork that you were bound by law to keep for a specified period of time.
It may be possible to defend the charge of false accounting by arguing:
- that the offence was committed under duress;
- that the document was not an accounting document;
- that the relevant entry or omission was not in respect of an accounting document;
- that the relevant entry was not false or misleading;
- that the alleged offender did not have the intention to obtain a gain or cause a loss.
Which court will hear the matter?
If a person is charged with this offence, the matter can be dealt with by either the ACT Magistrates Court or the ACT Supreme Court. If the matter is finalised in the Magistrates Court then the court must not impose a penalty that exceeds a fine of $15,000, imprisonment for five years, or both.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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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 criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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