Maximum Penalty
- Ten years imprisonment
Possible Defences
- Were acting under duress;
- Honestly believe it was necessary to offend to avoid a threatened danger.
Legal Information Relating To
Embezzlement
Embezzlement Key Facts
What Is The Charge of Embezzlement?
A person namely a clerk or employee who fraudulently embezzles, some or part thereof, any property in possession of their employer shall be deemed to have stolen that property and is liable for that offending.
What Is The Penalty For Embezzlement?
The maximum penalty for this offence is ten years imprisonment.
What Are The Possible Defences For Embezzlement?
It may be a defence to the charge if you:
- Were acting under duress;
- Honestly believe it was necessary to offend to avoid a threatened danger.
What The Prosecution Must Prove
The police must prove that you:
- acted dishonestly;
- were a clerk and/or an employee where the property was embezzled;
- received the property on account of your employer depriving them permanently of their property;
- embezzled the property.
What Court Will Hear The Matter
Where the value of the property exceeds $5,000, this falls into a Table 1 offence which means that either the DPP or the accused can elect to have the matter dealt with in the District Court.
Where the value of the property does not exceed $5,000, this falls into a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court.
