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Embezzlement By a Public Servant is an offence under section 160 of the Crimes Act 1900 which carries a maximum penalty of ten years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
To ‘embezzle’ is to misappropriate property belonging to your employer
The element of ‘fraud’ requires the prosecution to prove that:
You dishonestly and by a deception created a financial advantage over the property of another, or caused them a financial disadvantage, and your actions were intentional or reckless.
A defence to the charge is having a ‘claim of right’ over the property which means you genuinely believed you were legally entitled to it.
Duress and necessity are also defences to the charge.
I was represented by Fred Cao and am more that thrilled with the results. Fred…
Fred and the team at Sydney Criminal Lawyers were critical in me receiving a no…
I was represented by both Tuan and Kent Park, both were very helpful and made…
Kent is a good lawyer. He truly knows how to serve the client. Thanks Kent