What the law states
Section 175 of the Crimes Act 1900 (NSW) states that:
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.
With regards to this offence, the primary act of omitting material in account books need not be performed for the accused to be held liable, mere concurrence or support of the act is will suffice.
Penalty
The maximum penalty for obtaining credit by fraud 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 are experienced in representing people who have been charged with Directors Wilfully Destroying Books. 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.
We also have access to some of the best criminal barristers and senior counsel in the country if they are required.