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Section 135.4 Criminal Code Act
Conspiracy to Defraud

Section 135.4 of the Criminal Code Act 1995 (Cth) is Conspiracy to Defraud and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Conspiracy to Defraud matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

Obtaining a gain

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

(a)  the person conspires with another person with the intention of dishonestly obtaining a gain from a third person; and

(b)  the third person is a Commonwealth entity.

Penalty:  Imprisonment for 10 years.

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

Causing a loss

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

(a)  the person conspires with another person with the intention of dishonestly causing a loss to a third person; and

(b)  the third person is a Commonwealth entity.

Penalty:  Imprisonment for 10 years.

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

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

(a)  the person conspires with another person to dishonestly cause a loss, or to dishonestly cause a risk of loss, to a third 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 third person is a Commonwealth entity.

Penalty:  Imprisonment for 10 years.

(6)  In a prosecution for an offence against subsection (5), it is not necessary to prove that the defendant knew that the third person was a Commonwealth entity.

Influencing a Commonwealth public official

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

(a)  the person conspires with another person with the intention of dishonestly influencing a public official in the exercise of the official’s duties as a public official; and

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

(c)  the duties are duties as a Commonwealth public official.

Penalty:  Imprisonment for 10 years.

(8)  In a prosecution for an offence against subsection (7), 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.

General provisions

(9)  For a person to be guilty of an offence against this section:

(a)  the person must have entered into an agreement with one or more other persons; and

(b)  the person and at least one other party to the agreement must have intended to do the thing pursuant to the agreement; and

(c)  the person or at least one other party to the agreement must have committed an overt act pursuant to the agreement.

(10)  A person may be found guilty of an offence against this section even if:

(a)  obtaining the gain, causing the loss, causing the risk of loss, or influencing the Commonwealth public official, as the case may be, is impossible; or

(b)  the only other party to the agreement is a body corporate; or

(c)  each other party to the agreement is a person who is not criminally responsible; or

(d)  subject to subsection (11), all other parties to the agreement have been acquitted of the offence.

(11)  A person cannot be found guilty of an offence against this section if:

(a)  all other parties to the agreement have been acquitted of such an offence; and

(b)  a finding of guilt would be inconsistent with their acquittal.

(12)  A person cannot be found guilty of an offence against this section if, before the commission of an overt act pursuant to the agreement, the person:

(a)  withdrew from the agreement; and

(b)  took all reasonable steps to prevent the doing of the thing.

(13)  A court may dismiss a charge of an offence against this section if the court thinks that the interests of justice require the court to do so.

(14)  Proceedings for an offence against this section must not be commenced without the consent of the Director of Public Prosecutions. However, before the necessary consent has been given, a person may be:

(a)  arrested for an offence against this section; or

(b)  charged with an offence against this section; or

(c)  remanded in custody or released on bail in connection with an offence against this section.

 

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.


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