Dishonestly Cause a Loss in Victoria


December 5, 2012     By Doogue O'Brien George



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Have you caused a financial or property loss in Victoria? You could be charged with “Dishonestly Cause a Loss”. Find out the elements of this Commonwealth offense and what you should do in case you get charged.

The Highest Penalty for “Dishonestly Cause a Loss” at the Sunshine Magistrates’ Court, Victoria – What Defenses Can Be Used?

Convictions for the offense of “Dishonestly Cause a Loss” may result in a jail term of 5 years. Penalties for this charge are determined based on the circumstances of what occurred. It is unlikely for an accused to face the highest possible penalty unless the offending is among the worst possible examples of this charge.

Defenses that are sometimes used by lawyers are:
A. Wrong facts
B. Absence of Intent

Will the Sunshine Magistrates’ Court in Victoria hear a case of “Dishonestly Cause a Loss”?

Cases of “Dishonestly Cause a Loss” can be heard in either a Magistrates’ Court or in a County Court. If the amount lost is $100,000 or less, jurisdiction is given to the Magistrates’ Court. A case is heard in the County Court only if the amount lost is greater than $100,000.

Where to now?

Refer your case to an experienced criminal law specialist. They are the best people in defending criminal cases and their experience will allow your case to be evaluated thoroughly. Accredited specialists are recognized for their legal expertise and can deliver you the best possible results.

How do the Prosecutors at the Sunshine Magistrates’ Court, Victoria establish “Dishonestly Cause a Loss”?

The Prosecution may establish a charge of “Dishonestly Cause a Loss” by showing that the following occurred:
A. dishonestly causing of a loss or of a risk of loss by the accused to another person;
B. presence of criminal intent in causing the loss or risk of loss;
C. knowledge of the accused that the loss will occur or that there was a substantial risk;
D. the act involves a Commonwealth entity.

Where do you find the law about “Dishonestly Cause a Loss”?

“Dishonestly Cause a Loss” is from section 135.1 of the Criminal Code Act 1995.

ABOUT THE AUTHOR: Doogue & O'Brien Criminal Defence Lawyers
Doogue & O'Brien Criminal Defence Lawyers is one of Australia's leading law firms of criminal law specialists. With a legal experience of over 15 years, the firm currently has 5 accredited specialists and 6 other lawyers that appear in all Victorian Courts and interstate. It is also among the founding members of Australian Defence Lawyers Alliance, a national alliance of law firms specializing in criminal law and which members are carefully selected based on experience, reputation, ethics, and size.

The firm has offices in Melbourne, Broadmeadows, Heidelberg, Moorabbin and Sunshine.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.