This article was written by Michelle Makela - Legal Practice Director

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (state and federal industrial tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

Fraudulent Misappropriation of Funds (NSW)


Fraudulent misappropriation of funds is an offence under the New South Wales Crimes Act. Under Section 178A of the Crimes Act, a person who has collected or received money or valuable security and is required to deliver or pay it or part of it to someone and fraudulently misappropriates the funds is guilty of an offence. This offence is punishable by a maximum penalty of imprisonment for seven years.

What court is likely to hear the matter?

Where the value of the property charged exceeds $5000, the DPP or the 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.

Where the value of the property charged does not exceed $5000, the DPP 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.

  • That the accused collected or received the money or valuable security charged in the indictment;
  • That they did so upon terms that they should deliver, account for, or pay to some person named the whole or some part of such money or valuable security, or the proceeds thereof after any authorised deductions or payments had been made;
  • That the accused fraudulently misappropriated the money or failed to account for it in violation of the terms upon which he collected or received it.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

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.

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