The offence of embezzlement by clerk or servants carries a maximum penalty of ten years imprisonment in NSW. This offence relates to any instance of embezzlement from an employer by an employee. To be guilty of this offence, the offender must act with an intention to deceive and either directly or indirectly appropriate money or property which has been entrusted to them (or over which they have control) without the consent of their employer to some other person’s use and benefit (s 272 Crimes Act 1900 (NSW)).
What you need to know about embezzlement in NSW
If you're charged with embezzlement in NSW, the offence of embezzlement by clerk or servants carries a maximum penalty of ten years imprisonment. This offence relates to any instance of embezzlement from an employer by an employee. The term servant includes employees, agents and those other persons who are acting on behalf of the employer, either at the time of the commission of the offence or when some activities leading up to it took place. Embezzle means to fraudulently convert property, with intent to permanently deprive that person to whom the property belongs (whether a living human being or not) and either take it from them secretly or under a pretence that is false.
Examples of what might be considered embezzlement in employment
If you have an argument with your boss over unpaid wages, this may be considered a potential instance of embezzlement. If the employer doesn't have money to pay you then it is technically a form of embezzlement. If your employer fails to record their company expenses, they might be accused of committing the offence. Examples such as these are how it can be difficult to decipher what falls under the definition of embezzling and what doesn't in NSW. There are no specific parameters when it comes to embezzling charges.
In order to find out whether any form of stealing could count as embezzlement in NSW, consider:
- The dollar amount
- The intention behind the action
Some instances where this section may apply
Embezzlement charges are also prevalent in cases where a partner of a firm steals money from the company. They may also occur in situations where one of the managers at a company starts to take money for themselves. Additionally, this charge may apply to employees who steal from customers. These cases can be difficult because the person being charged had power over how to spend company money and often enjoyed trusting relationships with customers. In instances like these, it can be difficult to prove what exactly happened and if that individual did steal money from their employer or customer.
How do we defend against these charges?
There are three main ways of defending against embezzlement charges. Firstly, the defence can argue that the accused had an honest belief in ownership and entitlement to the property obtained; secondly, that the property was mistakenly thought to be the property of a third party not related to their employment; and finally, that there was no intention to deprive the employer of their property.
Why should I consider getting legal representation?
Do you know how severe the punishment can be for embezzlement? Up to ten years in prison, as stated in NSW. It can also lead to you not being able to work in your profession, which is an additional punishment. Depending on the severity of your sentence, it may also result in a criminal record and this could affect future employment opportunities. Given all of these consequences, if you've been charged with this offence, there are professionals who may be able to help alleviate some of the pressure that might come with what seems like a dire situation. You will have access to professional lawyers who will work diligently on your behalf during this difficult time and get any charges dropped so that there isn't an interruption in your life as a result of an event that was beyond your control.
Are there other consequences?
First, it can be difficult to get a job as an ex-convict. And second, many countries have extradition treaties with Australia that allow Australians who commit crimes in other countries to be deported back to Australia for trial. Finally, the consequences are less severe if the offence is only prosecuted in NSW and not elsewhere in Australia. It can carry up to three years imprisonment (five years under certain circumstances).
What are possible defences for this charge?
Many people who are charged with embezzlement may wonder what possible defences they have. A person may only be guilty of embezzlement if they knowingly, intentionally and unlawfully use their employer's property with the intention of permanently depriving the employer of the thing being taken. In addition to this, there must also be an element of dishonesty on behalf of the accused. It is important to note that in NSW, a defence will exist where the accused can prove that they had a reasonable excuse for misappropriating the money or property in question.
The law on theft applies equally here too
Punishment for embezzlement in NSW ranges from fines to ten years imprisonment. It all depends on the value of the property that was taken and what position the offender held at the time of the offence. The penalty may be reduced if a confession can be made, without which, an offender may spend up to two years in prison before conviction.
Should I plead guilty if charged with this?
The maximum penalty for embezzlement in NSW is ten years imprisonment, but this should not be a driving factor in your decision to plead guilty. Depending on the specific details of your case, you may only face a fine instead of jail time. Make sure you consult with a lawyer before making any decisions.
What sentence will I get if found guilty?
If you are found guilty of this offence, the court can impose a maximum penalty of ten years imprisonment. The court will also make an order that includes a declaration as to whether your pecuniary interests are affected by the prosecution. You will be liable to pay the whole, or any part of the costs incurred in relation to the prosecution, unless there are other relevant grounds. If convicted, you may be ordered to enter into a recognizance (a type of bond) without sureties (no-one will act as your guarantor). Other penalties and orders that can be imposed on conviction include:
- Ordering you not to carry out activities involving significant financial risk management.
