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Written by
Bill Doogue
Criminal Defence Lawyer


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Commonwealth Offences - VIC
Welcome to the VIC Dishonestly cause a loss article page. Everything you need to know about Dishonestly cause a loss according to VIC law - Dated: 09/12/2010

What the Law States according to VIC Law for Dishonestly cause a loss
According to VIC Law for the charge of Dishonestly cause a loss,

135.1 of the Criminal Code 1995 - Dishonestly causing a loss

(1) A person is guilty of an offence if:
(a) the person does anything with the intention of dishonestly
obtaining a gain from another person; and
(b) the other person is a Commonwealth entity.
Penalty: Imprisonment for 5 years.
(2) In a prosecution for an offence against subsection (1), it is not
necessary to prove that the defendant knew that the other person
was a Commonwealth entity.
Causing a loss
(3) A person is guilty of an offence if:
(a) the person does anything with the intention of dishonestly
causing a loss to another person; and
(b) the other person is a Commonwealth entity.
Penalty: Imprisonment for 5 years.
(4) In a prosecution for an offence against subsection (3), it is not
necessary to prove that the defendant knew that the other person
was a Commonwealth entity.
(5) A person is guilty of an offence if:
(a) the person dishonestly causes a loss, or dishonestly causes a
risk of loss, to another person; and
(b) the first-mentioned person knows or believes that the loss
will occur or that there is a substantial risk of the loss
occurring; and
(c) the other person is a Commonwealth entity.
Penalty: Imprisonment for 5 years.

The Maximum Penalty - Dishonestly cause a loss
According to VIC Law for the charge of Dishonestly cause a loss, 5 years imprisonment. This is an offence that is encountered in Centrelink Fraud cases regularly

What the Police must prove according to VIC Law for Dishonestly cause a loss

1. The accused with intention

2. Dishonestly causes a loss, or dishonestly causes a risk of loss, to another person.

3. The accused knows or believes that the loss will occur or that there is a substantial risk.

4. That it involved a Commonwealth entity  (this is generally Centrelink)

 

 

Possible Defences under VIC Law - Dishonestly cause a loss

1.  Factual dispute. Often in Centrelink charges there is often a fairly complex financial interaction that has been mis-understood by the investigators from Centrelink

2.  Lack on intent. The defendant never intended to cause a loss or to act dishonestly.

 

In VIC which court will hear the matter - Dishonestly cause a loss
The Magistrates Court will hear these charges unless the amount that is owed is greater than $100,000 and then they would be heard in the County Court
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