What the law states
Section 178A of the Crimes Act 1900 (NSW) states that:
Whosoever having collected or received any money or valuable security upon terms requiring him or her to deliver or account for or pay to any person the whole or any part of:
(a) such money or valuable security or the proceeds thereof, or
(b) any balance of such money, valuable security, or proceeds thereof after any authorised deductions or payments have been made thereout,
fraudulently misappropriates to his or her own use or the use of any other person, or fraudulently omits to account for or pay the whole or any part of such money, valuable security, or proceeds, or the whole or any part of such balance in violation of the terms on which he or she collected or received such money or valuable security, shall be liable to imprisonment for seven years.
For the purposes of this section any such money, valuable security, or proceeds thereof, or any balance thereout shall be deemed to be the property of the person who authorised the collection or receipt of the money or valuable security or from whom the money or valuable security was received notwithstanding that the accused may have been authorised to make any deduction thereout on his or her own behalf, or any payment thereout to another person, or to mix such money, valuable security, or proceeds thereof, or such balance with his or her own moneys.
Example of this offence
An example of this offence is if your employer gives you cash to pay a bill for the business and you take the cash and spend it on yourself- contrary to the intended use of the money. The money never crossed into your possession to be deemed as your property; it remained the property of your employer.
Penalty
The maximum penalty for fraudulent misappropriation is 7 years imprisonment.
Defences
Some defences available to this offence include duress, intoxication and necessity.
How can Prime Lawyers help you?
Our criminal lawyers are experienced in representing people who have been charged with engaging in fraudulent misappropriation of money. We will advise you on your chances of successfully defending your matter and thus being found ‘not guilty’. If you are pleading guilty, we will represent you at court to help minimise the punishment you receive.
If the Police’s case is weak against you, it may be possible to write to them and have them withdraw the charges against you. There are severe imprisonment terms which can be ordered by the Court and thus it is important that you seek advice from a criminal lawyer.