Obtaining Money by Misleading Statements
The maximum penalty for the offence of obtaining money by false or misleading statement is five years imprisonment. In New South Wales, this offence is governed by the Crimes Act 1900.
What court is likely to hear the matter
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.
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.
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.