False Accounting- Statutory Offence : CRIMES ACT 1958 -S 83

Elements Prosecution Must Prove

1- Accused dishonestly, with a view to gain for himself or another or with intent to cause loss to another;
2-
Destroys, defaces, conceals or falsifies any account or any record or document made or required for any accounting purposes; or
3-
In furnishing information for any purposes produces or makes use of any account or any record or document which to his knowledge is misleading, false or deceptive in a material particular.

What is the signficiance of "accounting purposes"?

Only documents required for accounting purposes fall under s83 of the act. Issue was considered in case of R v Jenkins [2002] VSCA 224, where it was held that producing documents showing inflated valuations for the purpose of obtaining a loan, is not producing documents for an accounting purpose, as the documents were required for a prudential purpose, as opposed to an accounting purpose.

Sentencing

Maximum sentence is 10 years imprisonment. Chances of imprisonment depends largely on the quantum involved, jurisdictional issues and the existence of mitigating and aggravating factors.

Related Offences

  1. Blackmail
  2. Theft
  3. Obtaining Financial Advantage by Deception

socialshare

share on facebook share on linkedin share on pinterest share on youtube share on twitter share on tumblr share on soceity6

302/530 Little Collins St, Melbourne VIC 3000, Australia

(03) 9008 6992

4.4 out of 5 stars