What the law states
Section 157 of the Crimes Act 1900 (NSW) states that:
Whosoever, being a clerk, or servant, fraudulently embezzles, either the whole or any part of, any property delivered to, or received, or taken into possession by him or her, for, or in the name, or on the account of, his or her master, or employer, shall be deemed to have stolen the same, although such property was not received into the possession of such master, or employer, otherwise than by the actual possession of such clerk, or servant, and shall be liable to imprisonment for ten years.
Example of this offence
An example of this offence includes a receptionist taking money on behalf of his or her employer and using it to his or her own benefit without forwarding it on to his or her employer.
Penalty
The maximum penalty for embezzlement 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 Embezzlement, 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 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.
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. We also have access to some of the best criminal barristers and senior counsel in the country if they are required.