General Dishonesty – Causing a Loss
General Dishonesty – Causing a loss is an offence under section 135.1(3) of the Criminal Code Act 1995, which carries a maximum penalty of 5 years in prison.
To establish the offence of dishonestly causing a loss, the prosecution must prove beyond reasonable doubt that:
- You acted with the intention of causing a loss to another
- You did so dishonestly, and
- The other was a Commonwealth entity.
It is not necessary for the prosecution to prove that you knew the other was a Commonwealth entity.
Defences to the charge include:
- Duress
- Necessity, and
- Having a claim of right over the property, which means you genuinely believed you were legally entitled to it.
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