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Corrupt Benefits to Entrusted Persons

Corrupt Benefits to Entrusted Persons is an offence under section 249E of the Crimes Act 1900, which carries a maximum penalty of 7 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You gave or offered a benefit to another person
  2. That person was entrusted with property
  3. You did so without the consent of each person beneficially entitled to the property, or you did so without the consent of the Supreme Court, and
  4. You did so as an inducement or reward for the appointment of any person as a person entrusted with the property.

Alternatively, the prosecution must prove beyond reasonable doubt that:

  1. You were entrusted with property
  2. You received or solicited a benefit from another person
  3. You did so without the consent of each person beneficially entitled to the property, or you did so without the consent of the Supreme Court, and
  4. You did so as an inducement or reward for the appointment of any person as a person entrusted with the property.

A person ‘entrusted with property’ is:

  1. A trustee of property
  2. An executor or administrator appointed to deal with property
  3. A person who has power of attorney over property, or
  4. A person managing or administering property under the NSW Trustee and Guardian Act 2009.

A ‘trustee’ includes the heir or representative of a trustee, as well as any person upon whom a duty of trust has devolved including any manager, assignee, liquidator or other like officer.

‘Property’ encompasses every description of real and personal property, including goods, chattels, money, valuable securities, debts, legacies, and deeds and instruments relating to, or evidencing, the title or right to property.

‘Appointment’ includes joining in an appointment to any office, as well as voting for, or assisting in, an election or appointment to any office.

The fact your conduct was customary in the trade, business, profession or calling is not a defence to the charge.

Proceedings for the offence can only be commenced with the Attorney General’s consent.

Duress is a defence to the charge.

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