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Intending to Defraud by False or Misleading Statement

Intending to Defraud by False or Misleading Statement is an offence under section 192G 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 made or published, or concurred in making or publishing, any statement that was false or misleading in a material way, and
  2. You did so with the intention of obtaining property belonging to another, or obtaining a financial advantage from, or causing 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.

‘Statement’ includes both written and verbal statements.

Duress is a defence to the charge.

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