White Collar Crime Topics Menu
Recent Articles
Case study, by VIC criminal lawyers.
Sexual Offences - Successful appeal against conviction
Case study, by VIC criminal lawyers.
Aggravated Burglary and assault charges - Good behaviour bondhrges
Case study, by VIC criminal lawyers.
Assault - Charges withdrawn
Case study, by VIC criminal lawyers.
Obtaining property by deception - Suspended Sentence
Case study, by VIC criminal lawyers.
Rape - Discharged at Committal
Case study, by VIC criminal lawyers.
Unlawful Assault - Charges Dismissed
Case study, by VIC criminal lawyers.
VIC LAW Director Omitting Certain Entries
VIC LAW Director Omitting Certain Entries
Written by
Bill Doogue
Criminal Defence Lawyer
What the Law states - Director Omitting Certain Entries
Section 174 of the Crimes Act states:
Whosoever, being a director, or officer of any body corporate, or public company, receives, or possesses himself or herself, of any of the property of such body corporate, or company, otherwise than in payment of a just debt, and, with intent to defraud, omits to make, or direct to be made, a true and sufficient entry thereof in the books, or accounts, of such body corporate, or company, shall be liable to imprisonment for 10 years.
Maximum Penalty in Victoria
The Maximum penalty for the offence of Directors etc omitting certain entries is ten years imprisonment.
What the Prosecution must prove - Director Omitting Certain Entries - Vic
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 a director or officer of a company.
2. As such, he or she received or came into possession of the company’s property.
3. He or she omitted to make a true and sufficient entry thereof in the company’s books.
4. With intent to defraud.
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.
Possible Defences - Director Omitting Certain Entries
Possible defences to this offence include but are not limited to
1. Duress
2. Necessity
3. Intoxication
Which court will hear the charge of Director Omitting Certain Entries
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.
