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:
- You conspired with another person with the intention to obtain a gain
- You did so dishonestly, and
- 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:
- 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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