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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:

  1. You acted with the intention of causing a loss to another
  2. You did so dishonestly, and
  3. 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:

  1. Duress
  2. Necessity, and
  3. Having a claim of right over the property, which means you genuinely believed you were legally entitled to it.

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