“Embezzlement” refers to situations where your employer or master has entrusted you with funds or property, and you steal or use the property for some unauthorised purpose.
To be found guilty of this offence, the prosecution must prove that you were an employee or clerk, and that you possessed property on behalf of your master or employer, which you stole or used for some unauthorised purpose.
Embezzlement is a fraud offence and carries a maximum penalty of 10 years imprisonment.
While this is obviously a lengthy penalty that can have a significant impact on your life, it’s important to remember that it is the absolute maximum and will therefore only apply in the most serious situations.
Our lawyers are experts in the area of fraud law and can assist you in obtaining a lenient penalty or avoiding a conviction altogether if you have been charged with embezzlement.
Section 157 of the Crimes Act deals with the offence of “embezzlement by clerks or servants” and reads as follows:
157 Embezzlement by clerks or servants
Whosoever, being a clerk, or servant, fraudulently embezzles, either the whole or any part of, any property delivered to, or received, or taken into possession by him or her, for, or in the name, or on the account of, his or her master, or employer, shall be deemed to have stolen the same, although such property was not received into the possession of such master, or employer, otherwise than by the actual possession of such clerk, or servant, and shall be liable to imprisonment for ten years.
Why Sydney Criminal Lawyers®?
Being accused of a fraud offence such as embezzlement can have significant implications on your life and future.
However, you can give yourself the best chance at securing a favourable outcome in your embezzlement case by getting Sydney’s fraud experts on your side.
Our team of experienced defence lawyers have a proven track record of fighting and winning complex fraud cases.
We will take the time to listen to your story and advise you of the best options in your case.
Our lawyers will carefully examine all the evidence in order to find problems with the prosecution case.
Where issues are identified, we can write to the prosecution highlighting these problems and asking to have the charges dropped – often sparing our clients the time and stress of a defended hearing or trial.
Should your matter proceed to court, our lawyers will work tirelessly in order to maximise your chances of avoiding a conviction.
We guarantee in-court representation by our esteemed senior lawyers; fearless advocates who are renowned for their in-depth knowledge and understanding of the criminal law.
Our senior defence lawyers will work hard to cast doubt on the prosecution case by raising all viable defences and carefully dismantling prosecution witness testimony.
We can also assist you in securing the most lenient outcome possible should you wish to accept the charges and plead guilty.
In these cases, our lawyers will prepare compelling sentencing submissions which highlight positive factors in your case and persuade the court to impose a lenient, non-custodial penalty – so that you can get on with your life as soon as possible.
We can assist you in obtaining any documents or material that will bolster your case, such as character and medical references.
So for the best outcome in your embezzlement case, contact the experts today. Call us on (02) 9261 8881 and book your FREE first conference to discuss your case with us.