Have you been charged with False Accounting?
If the answer is yes, you will need to seek the advice of a specialist in criminal law. The key for the prosecution in making out their case is that you must have had ‘dishonest intent.’
If you believe this not to be the case, then you may have some defences available to you. Engage an experienced criminal lawyer before telling a court how you intend to plead.
Please read below for more information in relation to this charge.
Elements of the offence
Section 83 of the Crimes Act 1958.
The prosecution must prove:
The defendant dishonestly destroyed, falsified or concealed accounts for financial gain; or
The defendant dishonestly furnished accounts for financial gain.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
False Accounting cases can may be heard in the Magistrates’ Court of Victoria or the County Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult an experienced criminal lawyer urgently, to ensure that there is time to prepare your matter thoroughly.
If you have been charged with False Accounting make an appointment to see one of our specialist legal team today.
The legislation
Section 83 False accounting
(1) Where a person dishonestly, with a view to gain for himself or another or with intent to cause loss to another—
(a) destroys, defaces, conceals or falsifies any account or any record or document made or required for any accounting purpose; or
(b) in furnishing information for any purpose produces or makes use of any account, or any such record or document as aforesaid, which to his knowledge is or may be misleading, false or deceptive in a material particular—
he is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
(2) For purposes of this section a person who makes or concurs in making in an account or other document an entry which is or may be misleading, false or deceptive in a material particular, or who omits or concurs in omitting a material particular from an account or other document, is to be treated as falsifying the account or document.
