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Intending to Defraud by Destroying or Concealing Accounts

Intention to Defraud by Destroying or Concealing Accounts is an offence under section 192F of the Crimes Act 1900, which carries a maximum penalty of 5 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You dishonestly destroyed or concealed any accounting record, and
  2. You intended by doing so to obtain property belonging to another, or to obtain a financial advantage from, or cause a financial disadvantage to, another.

‘Dishonesty’ is determined according to the standards of ordinary people and known by you to be dishonest according to those standards.

‘Destroy’ includes obliterate.

Duress is a defence to the charge.

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