Corrupting Benefits Given To, or Received By, a Commonwealth Public Official in Victoria
December 6, 2012 By Doogue O'Brien George
What are the elements of the offence of the offense of giving benefits to a Commonwealth public official? Learn the Victorian criminal law for the offense of “Corrupting Benefits Given To, or Received By, a Commonwealth Public Official”.
What’s the highest penalty for Corrupting Benefits Given To, or Received By, a Commonwealth Public Official? Can the charge be defended?
A finding of guilt could result in up to 5 years of imprisonment. Penalties for this charge are based on the circumstances of what happened and it would not be expected that you would get the highest possible penalty unless you had committed the worst possible example of this offense.
These criminal defenses may be considered in defending allegations of Corrupting Benefits Given To, or Received By, a Commonwealth Public Official:
A. Lack of Intent
B. Factual and Identification Disputes
Will the Sunshine Magistrates’ Court in Victoria hear a case of Corrupting Benefits Given To, or Received By, a Commonwealth Public Official?
Any indictment or summons for Corrupting Benefits Given To, or Received By, a Commonwealth Public Official will be generally before a Judge in the County Court. It is a very rare charge and not often heard before the Courts. A decision as to which jurisdiction hears the case often reflects the seriousness with which the indictment or summons is viewed.
Where to now?
An experienced criminal law specialist is the person who should be advising you in relation to Corrupting Benefits Given To, or Received By, a Commonwealth Public Official. An accredited specialist will know how to get you the best result and is the best lawyer to have for a charge of Corrupting Benefits Given To, or Received By, a Commonwealth Public Official.
How do the Prosecutors at the Sunshine Magistrates’ Court, Victoria establish Corrupting Benefits given to, or received by, a Commonwealth Public Official?
Prosecutors establish a charge of corrupting benefits given to, or received by, a Commonwealth Public Official by proving the occurrence of the following:
A. the accused dishonestly provided a benefit to another person;
B. the accused dishonestly caused a benefit to be provided to another person;
C. or the accused offered or promised to provide a benefit to another person;
D. or the accused caused an offer or promise of the provision of a benefit to be made to another person;
E. the receipt or expectation of the receipt of the benefit would tend to influence a public official in the exercise of public official’s duties;
F. the public official is a Commonwealth public official;
G. the duties are duties of a Commonwealth public official;
If the charge is receiving a corrupting benefit, these are the elements that should be established in Court:
A. the accused asked for a benefit for the accused or for that of another person;
B. or the accused received or obtained a benefit for the accused or for that of another person;
C. or the accused agreed to receive or obtain a benefit for the accused or for that of another person;
D. and the receipt or expectation of receipt of the benefit would tend to influence a public official’s performance of public official’s duties.
Where do you find the law about Corrupting Benefits Given To, or Received By, a Commonwealth Public Official?
Corrupting Benefits Given To, or Received By, a Commonwealth Public Official is based on a legislation that comes from section 142.1 of the Commonwealth Criminal Code 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.
Copyright Doogue O'Brien George - Google+
More information about Doogue O'Brien George
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.
A finding of guilt could result in up to 5 years of imprisonment. Penalties for this charge are based on the circumstances of what happened and it would not be expected that you would get the highest possible penalty unless you had committed the worst possible example of this offense.
These criminal defenses may be considered in defending allegations of Corrupting Benefits Given To, or Received By, a Commonwealth Public Official:
A. Lack of Intent
B. Factual and Identification Disputes
Will the Sunshine Magistrates’ Court in Victoria hear a case of Corrupting Benefits Given To, or Received By, a Commonwealth Public Official?
Any indictment or summons for Corrupting Benefits Given To, or Received By, a Commonwealth Public Official will be generally before a Judge in the County Court. It is a very rare charge and not often heard before the Courts. A decision as to which jurisdiction hears the case often reflects the seriousness with which the indictment or summons is viewed.
Where to now?
An experienced criminal law specialist is the person who should be advising you in relation to Corrupting Benefits Given To, or Received By, a Commonwealth Public Official. An accredited specialist will know how to get you the best result and is the best lawyer to have for a charge of Corrupting Benefits Given To, or Received By, a Commonwealth Public Official.
How do the Prosecutors at the Sunshine Magistrates’ Court, Victoria establish Corrupting Benefits given to, or received by, a Commonwealth Public Official?
Prosecutors establish a charge of corrupting benefits given to, or received by, a Commonwealth Public Official by proving the occurrence of the following:
A. the accused dishonestly provided a benefit to another person;
B. the accused dishonestly caused a benefit to be provided to another person;
C. or the accused offered or promised to provide a benefit to another person;
D. or the accused caused an offer or promise of the provision of a benefit to be made to another person;
E. the receipt or expectation of the receipt of the benefit would tend to influence a public official in the exercise of public official’s duties;
F. the public official is a Commonwealth public official;
G. the duties are duties of a Commonwealth public official;
If the charge is receiving a corrupting benefit, these are the elements that should be established in Court:
A. the accused asked for a benefit for the accused or for that of another person;
B. or the accused received or obtained a benefit for the accused or for that of another person;
C. or the accused agreed to receive or obtain a benefit for the accused or for that of another person;
D. and the receipt or expectation of receipt of the benefit would tend to influence a public official’s performance of public official’s duties.
Where do you find the law about Corrupting Benefits Given To, or Received By, a Commonwealth Public Official?
Corrupting Benefits Given To, or Received By, a Commonwealth Public Official is based on a legislation that comes from section 142.1 of the Commonwealth Criminal Code 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.
Copyright Doogue O'Brien George - Google+
More information about Doogue O'Brien George
View all articles published by Doogue O'Brien George
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.
