Going to Court? Book Your Free First Appointment

Conspiracy to Defraud Obtaining a Gain

Conspiracy to Defraud – Obtaining 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

What Our Clients Say SEE ALL

  • ★★★★★

    Got me the best possible outcome, her knowledge and skills helped me a lot

    Coincidering my charges lawyer Karina got me the best possible outcome, her knowledge and skills…

  • ★★★★★

    Better than expected outcome

    Patrick performed well under unexpected time pressure today. I engaged Patrick's services to defend me…

  • ★★★★★

    Extremely happy with outcome

    Big thank you to Fred Cao who was representing me today. Explained step by step…

  • ★★★★★

    No conviction for my father’s driving offence

    Wissam successfully got a no conviction for my father’s driving offence which will enable him…

Going to Court? Call For Your Free First Appointment