Intention to Defraud by Destroying Accounts – Section 192F Crimes Act 1900


‘Intention to defraud by destroying accounts’ refers to situations where you alter, conceal, delete or destroy accounting records in order to obtain property or some kind of financial advantage from another person or business.

It can also refer to situations where you alter, conceal, delete or destroy accounting records with the intention of causing a financial disadvantage to another person or business.

Though it can be confronting and upsetting to be accused of committing a fraudulent offence, our team of expert defence lawyers can assist you in fighting the charges to secure a positive outcome in your matter – no matter how serious the allegations are.

Your Options in Court

Pleading Not Guilty

If you feel that you should not be found guilty of ‘intention to defraud by destroying accounts,’ you may wish to plead ‘not guilty’ and seek assistance from our expert defence lawyers to fight the matter in court.

There are certain factors that the prosecution must prove before you can be found guilty of this offence – unless they are proved beyond a reasonable doubt, you will be found ‘not guilty’ of the offence.

The elements that the prosecution must prove are:

  • That you destroyed or concealed an accounting record;
  • That you did so with the intention of obtaining property belonging to another, or obtaining a financial advantage or causing a financial disadvantage.

Our experienced fraud lawyers have considerable experience fighting and winning fraud matters and can convey your side of the story before the court in a convincing manner in order to cast doubt on the prosecution case.

Our senior lawyers will represent you at all major court dates and will raise all favourable evidence, as well as any possible defences to ensure that you obtain the best possible outcome in your case.

Defences that may be raised include:

  • Where you were threatened or coerced into embezzling the money or property (duress);
  • Where you made an honest and reasonable mistake of fact and altered the accounting records on this basis, without any intention to defraud (honest and reasonable mistake).

We are passionate about protecting our clients’ rights and interests and our proven track record of obtaining excellent results in ‘intention to defraud’ cases is testament to the hard work and dedication of our outstanding defence team.

For more information on this offence, see our legislation page here.

Pleading Guilty

Alternatively, you may be inclined to simply accept the charges against you.

In these situations, you may wish to enter a plea of ‘guilty’ at the earliest opportunity.

This may assist you in securing a lenient penalty as it will demonstrate to the court that you have accepted responsibility for your actions – accordingly, they may be inclined to award you a ‘discount’ on your sentence.

However, before pleading guilty to this offence, you should speak to a lawyer with considerable experience fighting and winning ‘intention to defraud’ matters.

You should also be aware of the maximum penalty that may apply, which is 5 years imprisonment for ‘intention to defraud’ matters.

However, this is the absolute maximum and will only apply in the most serious cases.

Our criminal law specialists can assist you in avoiding onerous penalties by fighting hard to secure the most favourable penalty possible in the circumstances.

We will also push for your matter to stay in the Local Court, where the maximum penalty is 2 years imprisonment.

The types of penalties that the court may impose include:

Why Sydney Criminal Lawyers®?

Being accused of fraud can have lasting consequences on your reputation and career – so it pays to have the best legal team on your side.

At Sydney Criminal Lawyers®, we specialise in criminal law. Our expert defence team has a wealth of experience fighting and winning complex fraud matters such as ‘intention to defraud by destroying accounts.’

In every case, we seek to have the charges dropped early on by identifying problems with the evidence and writing to the prosecution asking to have the charges dropped on this basis.

However, should your matter proceed to a defended hearing, our lawyers will fight hard to protect your interests.

Fraud cases are often complex and require the insight and expertise of a highly experienced criminal defence lawyer.

This is why we guarantee that you will be represented at all major court dates only by our senior lawyers – renowned advocates who have a wealth of experience winning these types of cases.

Our outstanding advocates will prepare a strong defence case which seeks to cast doubt on the prosecution case by raising all defences and favourable evidence.

Our lawyers are highly skilled at the art of cross-examination and will work hard to dismantle the prosecution witnesses’ testimony.

Should you wish to plead guilty, our lawyers can assist by preparing and presenting ‘sentencing submissions’ which provide the court with reasons as to why a lenient penalty is appropriate.

For the best result in your ‘intention to defraud by destroying accounts’ case, get the best lawyers on your side. Call us now on (02) 9261 8881 and book your FREE first conference with us today.

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