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Federal Directors Wilfully Destroying Books

Commonwealth Offences – Federal

Welcome to the Federal Directors wilfully destroying books article page. Everything you need to know about Directors wilfully destroying books according to Federal law – Dated: 01/09/2009

What the Law States according to Federal Law for Directors wilfully destroying books

According to Federal Law for the charge of Directors wilfully destroying books:

Section 175 of the Crimes Act states:

Whosoever, being a director, officer, or member, of any body corporate, or public company, destroys, alters, mutilates, or falsifies, any book, entry, paper-writing, or valuable security, belonging to such body corporate, or company, or makes, or concurs in making, any false entry, or omits, or concurs in omitting, any material particular in any book of account, or other document, with intent in any such case to defraud, shall be liable to imprisonment for 10 years.

The Maximum Penalty – Directors wilfully destroying books

According to Federal Law for the charge of Directors wilfully destroying books, the maximum penalty for this offence is 10 years imprisonment.

What the Police must prove according to Federal Law for Directors wilfully destroying books

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused was a director, officer or member of any body corporate or public company.
  2. The accused destroyed, altered, mutilated, or falsifies, any book, entry, paper-writing, or valuable security, belonging to such body corporate, or company, or made, or concurred in making, any false entry, or omits, or concurred in omitting, any material particular in any book of account, or other document.
  3. With intent to defraud.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Possible Defences under Federal Law – Directors wilfully destroying books

Possible defences to this offence include but are not limited to:

  1. Duress
  2. Necessity
  3. Intoxication

In Federal which court will hear the matter – Directors wilfully destroying books

This matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

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