Written by
Bill Potts
Director - Criminal Lawyer
If you have been charged with Commonwealth Offences or are enquiring about what the law states you come to the right website!
Date: 09/01/2009
What the Law states - Directors Cheating or Defrauding
Section 176A of the Crimes Act states:
Whosoever, being a director, officer, or member, of any body corporate or public company, cheats or defrauds, or does or omits to do any act with intent to cheat or defraud, the body corporate or company or any person in his or her dealings with the body corporate or company shall be liable to imprisonment for 10 years.
What the Police must prove - Directors Cheating or Defrauding
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
1. The accused was director, officer or member of a body corporate or public company.
2. The accused either:
(a) cheated or defrauded;
(b) did an act with intent to cheat or defraud; or
(c) omitted to do an act with intent to cheat or defraud.
3. The act of cheating or defrauding was upon:
(a) the body corporate (public company); or
(b) any person in his or her dealings with the body corporate (public company).
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
Maximum Penalty - Directors Cheating or Defrauding
The Maximum penalty for the offence of Directors etc cheating or defrauding is 10 years imprisonment.
Which court will hear the matter - Directors Cheating or Defrauding
This matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
Possible Defences - Directors Cheating or Defrauding
Possible defences to this offence include but are not limited to
1. Duress
2. Necessity
- Criminal Law
- Criminal Law Offences A-Z
- Criminal Law Articles
- Criminal Penalties
- Attending a Police Station
- Criminal Lawyers Brisbane
- Criminal Lawyers Gold Coast
- Queensland Courts
- Writing a Character Reference
- Book Now
2/02/2012
Mark Williams represents a man sentenced for drug trafficking in the Supreme Court at Brisbane.
In the circumstances, a very good outcome is obtained as a result of the sentence.Read More
21/01/2012
Mark Williams represents man charged with allegedly importing a border controlled precursor into Australia.
Bail is varied to allow the couple to have contact with each other.Read More
16/01/2012
Cameron Browne speaks to Channel 9 news on the latest UK phone scams hitting mobile phones.
Read More
