What the law states
Section 174 of the Crimes Act 1900 (NSW) states that:
Whosoever, being a director, or officer of any body corporate, or public company, receives, or possesses himself or herself, of any of the property of such body corporate, or company, otherwise than in payment of a just debt, and, with intent to defraud, omits to make, or direct to be made, a true and sufficient entry thereof in the books, or accounts, of such body corporate, or company, shall be liable to imprisonment for 10 years.
Such an offence does not necessarily involve a positive act, it may be the case that an omission is what constitutes the offence.
Penalty
The maximum penalty for omitting certain entries as a director is 10 years imprisonment.
Defences
Some defences available to this offence include duress, intoxication and necessity.
How can Prime Lawyers help you?
There are generally two ways you can proceed with a criminal charge – plead guilty or plead not guilty. Just because you have been charged with Director Omitting Certain Entries, does not mean you are guilty.
Our criminal solicitors will first investigate the charge against you and the evidence that the Police have gathered to support their charge. We will then give you clear advice on which way you should plead – guilty or not guilty (ie defending the charge).
If you are pleading not guilty to this charge, our criminal defence lawyers will carefully pick apart the Prosecution’s case against you and advocate for you at court.
If you are pleading guilty to this charge, our aim is to minimise what penalty you receive. It is possible to be imprisoned for this charge and as such we do not take these matters lightly. We will fight to protect your freedom. We also have access to some of the best criminal barristers and senior counsel in the country if they are required.