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Dishonestly Cause a Loss

Commonwealth Offences – VIC

Welcome to the VIC Dishonestly cause a loss article page. Everything you need to know about Dishonestly cause a loss according to VIC law.

What the Law States according to VIC Law for Dishonestly cause a loss

According to VIC Law for the charge of Dishonestly cause a loss:

135.1 of the Criminal Code 1995 – Dishonestly causing a loss

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

(a) the person does anything with the intention of dishonestly obtaining a gain from another person; and

(b) the other person is a Commonwealth entity.

Penalty: Imprisonment for 5 years.

(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.

Causing a loss

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

(a) the person does anything with the intention of dishonestly causing a loss to another person; and

(b) the other person is a Commonwealth entity.

Penalty: Imprisonment for 5 years.

(4) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.

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

(a) the person dishonestly causes a loss, or dishonestly causes a risk of loss, to another person; and

(b) the first-mentioned person knows or believes that the loss will occur or that there is a substantial risk of the loss occurring; and

(c) the other person is a Commonwealth entity.

Penalty: Imprisonment for 5 years.

The Maximum Penalty – Dishonestly cause a loss

According to VIC Law for the charge of Dishonestly cause a loss, 5 years imprisonment. This is an offence that is encountered in Centrelink Fraud cases regularly.

What the Police must prove according to VIC Law for Dishonestly cause a loss

1. The accused with intention.
2. Dishonestly causes a loss, or dishonestly causes a risk of loss, to another person.
3. The accused knows or believes that the loss will occur or that there is a substantial risk.
4. That it involved a Commonwealth entity (this is generally Centrelink).

Possible Defences under VIC Law – Dishonestly cause a loss

1. Factual dispute. Often in Centrelink charges there is often a fairly complex financial interaction that has been mis-understood by the investigators from Centrelink

2. Lack on intent. The defendant never intended to cause a loss or to act dishonestly.

In VIC which court will hear the matter – Dishonestly cause a loss

The Magistrates’ Court will hear these charges unless the amount that is owed is greater than $100,000 and then they would be heard in the County Court.

 

Date: 09/12/2010

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