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Conspiracy to Defraud Obtaining a Gain

Conspiracy to Defraud – Creating a Gain is an offence under Sections 135.4(1) 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:

  1. You conspired with another person with the intention to obtain a gain
  2. You did so dishonestly, and
  3. The gain was from a Commonwealth entity

The prosecution does not need to prove that you knew the gain was from a Commonwealth entity or that the proposed act was possible to commit.

However, it does need to prove that:

  1. You entered into an agreement with at least one person
  2. You intended to carry out an act under that agreement, and
  3. You committed an overt act under that agreement

Defences to the charges include:

  1. Duress, and
  2. Necessity

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