Embezzlement by a Public Servant
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:
- You were employed in the public service
- You embezzled any property intrusted in you by your employer or secreted, removed, applied or disposed of such property, and
- You did so fraudulently
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.
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