Conspiracy to Defraud – Influencing a Public Official
Conspiracy to Defraud – Influencing a Public Official is an offence under Section 135.4(7) 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 person with the intention to influence a public official in the exercise of their duties
- You did so dishonestly
- The official was a Commonwealth public official, and
- The duties were those of a Commonwealth public official
The prosecution does not need to prove that you knew the official was a Commonwealth public official, or that the duties were those of a Commonwealth public official 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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