What the law states
Section 178BB of the Crimes Act 1900 (NSW) states that:
(1) Whosoever, with intent to obtain for himself or herself or another person any money or valuable thing or any financial advantage of any kind whatsoever, makes or publishes, or concurs in making or publishing, any statement (whether or not in writing) which he or she knows to be false or misleading in a material particular or which is false or misleading in a material particular and is made with reckless disregard as to whether it is true or is false or misleading in a material particular shall be liable to imprisonment for 5 years.
As indicated by this Section, the false or misleading statements do not actually need to be made. An agreement to make the misleading statements will suffice. One can also be punished for failing to ascertain the truth behind the statements being made.
Penalty
The maximum penalty for the offence of obtaining money by misleading statements is 5 years.
Defences
Some defences available to this offence include duress and necessity.
How can Prime Lawyers help you?
If you have been charged with Obtaining Money by Misleading Statements, you should not rush into pleading guilty without first seeking legal advice.
Our criminal lawyers are experienced with dealing this charge and will investigate the charge against you. We will give you clear advice on how strong or weak the evidence is against you. If you decide to plead guilty we will advise you on the likely penalties and how we can help you have the penalty minimised by representing you at court at sentencing.
If you are defending the matter we will vigorously fight the charge against you by negotiating with the Prosecution and representing you at your court trial.