Conspiracy to Defraud – Dishonestly Causing a Loss or Risk of Loss
Conspiracy to Defraud – Dishonestly Causing a Loss or Risk of Loss is an offence under Sections 135.4(5) of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 10 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You conspired with another to cause a loss or create a risk of loss
- You knew or believed the loss or risk of loss would occur, or that there was a substantial risk of loss occurring
- You acted dishonestly, and
- The loss or risk of loss was to a Commonwealth entity
The prosecution does not need to prove that you knew the loss or risk of loss was to a Commonwealth entity or that the proposed act was possible to commit.
However, it does need to prove that:
- You entered into an agreement with at least one person
- You intended to carry out an act under that agreement, and
- You committed an overt act under that agreement
Defences to the charges include:
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