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False accounting
False accounting
What the Law states - False accounting
Crimes Act 1958 - SECT 83
False accounting
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.
Maximum Penalty in Victoria
10 years
What the Prosecution must prove - False accounting - Vic
1. Intentional and dishonest action
2. For financial gain
3. Involving destruction, falsification, concealment of any account, record or document
4. Dishonestly and intentionally furnishing a record, account or document for financial gain.
Possible Defences - False accounting
Factual dispute
Whether requisite element of dishonest intent established
Which court will hear the charge of False accounting
Magistrates Court or County Court
