Dishonestly Cause a Loss
– section 135.1(3) of the Criminal Code Act 1995
This offence means doing something that results in a loss or risk of a loss to a Commonwealth organisation.
This offence could be heard in the Magistrates’ Court or the County Court, depending on the severity of the offence.
Examples of Dishonestly Cause a Loss
- A woman working for the Commonwealth Department of Defence leaks important intelligence documents to the media which then become public
- A former Minister for a Commonwealth Department uses funds from the Department for his political campaign
What is the legal definition of Dishonestly Cause a Loss?Intentionally and dishonestly causing a loss, or a risk of loss, to a Commonwealth entity.
“Have you been charged with a Commonwealth dishonesty offence?”
LegislationThe section that covers this offence is section 135.1 of the Criminal Code Act 1995.
Elements of the offenceA person may be found guilty of this offence if the prosecution is able to establish the following elements in court beyond reasonable doubt:
- The accused performed an act with the intention of dishonestly causing a loss to another person.
- The other person is a Commonwealth entity.
- You did not cause a loss or a risk of loss
- There was no loss or risk of loss
Questions in cases like this
- Was there a loss to a Commonwealth organisation?
- Was there a risk of loss?
The maximum penalty for this offence is imprisonment for 5 years.