Going to Court? Book Your Free First Appointment

Saved Pages

Save pages and articles you’re most interested in to read later on.


Corruptly Giving a Benefit for Advice to a Third Person

Corruptly Giving a Benefit for Advice to a Third Person is an offence under section 249D(1) 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 a benefit to another person
  2. You did so to influence that person to give advice to a third person
  3. You stood to benefit from that advice by the third person entering into a contract with you, or by the third person appointing you to any office
  4. You intended at the time you gave the benefit for the third person not to know about the benefit you gave, and
  5. Your conduct was corrupt.

A ‘benefit’ includes money and any contingent benefit.

‘Advice’ includes providing information orally or in writing.

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

The Act does not define ‘corrupt’ but the courts have found that it means ‘deliberate or intentional wrongdoing’ not merely negligence or a mistake.

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

Duress is a defence to the charge.

What Our Clients Say SEE ALL

  • ★★★★★

    Excellent service

    I had Kent Park assisted my matter and he had been excellent, down to earth…

  • ★★★★★

    Kent never gave up

    I Had Kent Park represent me for a legal matter. The complainant had added several…

  • ★★★★★

    Professional, compassionate and knowledgeable lawyer

    Fahim Khan is extremely Professional, compassionate and knowledgeable lawyer. Would highly recommend his outstanding service…

  • ★★★★★

    Outstanding service and professionalism

    I would like to thank Fahim Khan for his outstanding service and professionalism. I cannot…

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Search Our Site enter search term and press GO

Saved Articles & Pages

APPOINTMENT BOOKING FORM * mandatory fields

Preferred date for conference
Preferred time for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)