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...
Obtaining Money by Misleading Statements (NSW)
The maximum penalty for the offence of obtaining money by misleading statements is five years imprisonment. In New South Wales, this offence is governed by the Crimes Act 1900.
Jurisdiction
Where the value of the property exceeds $5000, 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.
Where the value of the property does not exceed $5000, this matter is a Table 2 offence which means that 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.
- The accused made, published, or concurred in making or publishing an oral or written statement.
- Which he or she knew to be false or misleading in a material particular, or which was false or misleading in a material particular and was made with reckless disregard as to whether it was true or false or misleading in a material particular.
- It was with intent to obtain for himself or herself or another person.
- Any money, valuable thing or financial advantage.
It will be necessary for the police to prove that the accused was the person who committed the offence.
The legislation
Section 178BB of the Crimes Act states:
- Whosoever, with intent to obtain for himself or herself or another person any money or valuable thing or any financial advantage of any kind whatsoever, makes or publishes, or concurs in making or publishing, any statement (whether or not in writing) which he or she knows to be false or misleading in a material particular or which is false or misleading in a material particular and is made with reckless disregard as to whether it is true or is false or misleading in a material particular shall be liable to imprisonment for five years.
- For the purposes of and without limiting Part 1 A, the necessary geographical nexus exists between the State and an offence against this section if the offence is committed by a public official (within the meaning of the Independent Commission Against Corruption Act 1988) and involves public money of the State or other property held by the public official for or on behalf of the State.
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