Dishonestly Cause a Loss
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?”
Legislation
The section that covers this offence is section 135.1 of the Criminal Code Act 1995.Elements of the offence
A 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 the offence of (s135.1(3) of the Criminal Code Act 1995) is imprisonment for 5 years.
