What the law states
Section 176 of the Crimes Act 1900 (NSW) states that:
Whosoever, being a director, or officer, of any body corporate, or public company, makes, circulates, or publishes, or concurs in making, circulating, or publishing, any written statement, or account, which he or she knows to be false in any material particular, with intent to deceive, or defraud, any member, shareholder, or creditor, of such body corporate, or company, or with intent to induce any person to become a shareholder, or partner therein, or to intrust, or advance, any property to such body corporate, or company, or to enter into any security for the benefit thereof, shall be liable to imprisonment for 10 years.
Example of this offence
An example of this offence includes if a director of a company publishes false information about the output of the company in its annual prospectus.
Penalty
The maximum penalty for publishing false statements 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?
Our criminal lawyers have a wealth of experience and knowledge in this field of law. If you are pleading guilty to a charge of Directors Publishing False Statements we are able to appear at Court with you and make submissions to the court in an attempt to lessen the penalty that the Court imposes. We are also experienced in negotiating with the Police and the Crown Prosecutors, which can often reduce the penalty imposed also.
If you wish to defend the charge our criminal lawyers will carefully consider and investigate all aspects of your matter and determine if there are any flaws in the prosecution’s case. We will advise you of your chances of successfully defending the matter. Our criminal lawyers have extensive experience in presenting these matters to the court and their assistance will give you the greatest chance of obtaining a successful result.
We also have access to some of the best criminal barristers and senior counsel in the country if they are required.