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Corrupting Benefits Given To, or Received By, a Commonwealth Public Official

Commonwealth Offences – Federal

Welcome to the Federal Corrupting Benefits Given To, Or Received By, A Commonwealth Public Official article page. Everything you need to know about Corrupting Benefits Given To, Or Received By, A Commonwealth Public Official according to Federal law.

What the Law States according to Federal Law for Corrupting Benefits Given To, Or Received By, A Commonwealth Public Official

According to Federal Law for the charge of Corrupting Benefits Given To, Or Received By, A Commonwealth Public Official:

Sections 142.1 of the Commonwealth Criminal Code states:

(1) A person is guilty of an offence if:

(a) the person dishonestly:

(i) provides a benefit to another person; or

(ii) causes a benefit to be provided to another person; or

(iii) offers to provide, or promises to provide, a benefit to another person; or

(iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person and

(b) the receipt, or expectation of the receipt, of the benefit would tend to influence a public official (who may be the other person) in the exercise of the officials duties as a public official; and

(c) the public official is a Commonwealth public official; and

(d) the duties are duties as a Commonwealth public official

(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:

(a) That the official was a Commonwealth public official; or

(b) That the duties were duties as a Commonwealth public official.

Receiving a Corrupting Benefit

(3) A commonwealth public official is guilty of an offence if:

(a) The official dishonestly:

(i) Asks for a benefit for himself, herself or another person; or

(ii) Receives or obtains a benefit for himself, herself or another person; or

(iii) Agrees to receive or obtain a benefit for himself, herself or another person; and

(b) The receipt, or expectation of the receipt, of the benefit would tend to influence a Commonwealth public official (who may be the first-mentioned official) in the exercise of the official’s duties as a Commonwealth public official.

(4) For the purposes of subsection (1) and (3), it is immaterial whether the benefit is in the nature of a reward.

The Maximum Penalty – Corrupting Benefits Given To, Or Received By, A Commonwealth Public Official

The Maximum penalty for the offence of Corrupting Benefits Given to, or Received by, a Commonwealth Public Official is 5 years imprisonment.

What the Police must prove according to Federal Law for Corrupting Benefits Given To, Or Received By, A Commonwealth Public Official

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused dishonestly:

(a) provided a benefit to another person; or

(b) caused a benefit to be provided to another person; or

(c) offered to provide, or promised to provide, a benefit to another person; or

(d) caused an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person and

(e) the receipt, or expectation of the receipt, of the benefit would tend to influence a public official (who may be the other person) in the exercise of the officials duties as a public official; and

(f) the public official is a Commonwealth public official; and

(g) the duties are duties as a Commonwealth public official

In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:

(a) That the official was a Commonwealth public official; or

(b) That the duties were duties as a Commonwealth public official.

Receiving a Corrupting Benefit

1. The official dishonestly:

(a) Asked for a benefit for himself, herself or another person; or

(b) Received or obtained a benefit for himself, herself or another person; or

(c) Agreed to receive or obtain a benefit for himself, herself or another person; and

(a) The receipt, or expectation of the receipt, of the benefit would tend to influence a Commonwealth public official (who may be the first-mentioned official) in the exercise of the official’s duties as a Commonwealth public official.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Possible Defences under Federal Law – Corrupting Benefits Given To, Or Received By, A Commonwealth Public Official

Possible defences to this offence include but are not limited to

1. The accused did not dishonestly:

(a) provide a benefit to another person; or

(b) cause a benefit to be provided to another person; or

(c) offer to provide, or promise to provide, a benefit to another person; or

(d) cause an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person and

(e) the receipt, or expectation of the receipt, of the benefit would not tend to influence a public official (who may be the other person) in the exercise of the officials duties as a public official; and

(f) the public official was not a Commonwealth public official; and

(g) the duties were not duties as a Commonwealth public official

Receiving a Corrupting Benefit

1. The official did not dishonestly:

(a) Ask for a benefit for himself, herself or another person; or

(b) Receive or obtain a benefit for himself, herself or another person; or

(c) Agree to receive or obtain a benefit for himself, herself or another person; and

(a) The receipt or expectation of the receipt, of the benefit would tend to influence a Commonwealth public official (who may be the first-mentioned official) in the exercise of the official’s duties as a Commonwealth public official.

In Federal which court will hear the matter – Corrupting Benefits Given To, Or Received By, A Commonwealth Public Official

This matter is Commonwealth Offence which means it is dealt with in the District Court.

 

Date: 09/01/2009

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