The law relating to embezzlement by clerk or servants has a maximum penalty of ten years imprisonment in NSW. This law refers to the illegal use of an employer's property by the employee. To be guilty of this offense, the offender must intend to mislead and appropriate property, such as money or goods, to the use of somebody else.
What you need to know about embezzlement in NSW
In NSW, embezzlement by clerks or servants carries a maximum penalty of ten years imprisonment. This offence relates to any embezzlement from an employer by an employee. Those who serve the employer, either during the commission of an offence or during activities leading up to it, are considered to be servants. The purpose of embezzlement is to illegally convert property and thereby permanently deprive the person of what belongs to them (and whether they are living or dead) under false pretenses or in secret.
Examples of what might be considered embezzlement in employment
When you have an argument with your boss over unpaid wages, this may be considered embezzlement. If the employer does not have the funds to pay you, then it is technically embezzlement. Those who fail to record their company expenses may be charged with the offence. Examples like these illustrate how it can be difficult to determine what counts as embezzlement and what does not in NSW. When it comes to embezzlement charges, there are no specific parameters.
To find out if any form of theft could qualify as embezzlement in New South Wales, consider these:
- The amount in dollars
- Intentions behind the action
Some instances where this section may apply
Charges of embezzlement may also be filed in cases where a partner is accused of taking money from a firm, or one of the managers starts taking money from the company. Additionally, this charge may apply to employees who steal from customers. These cases can be difficult because the person being charged had power over the company's spending and often enjoyed a trusting relationship with the customer. In situations like these, it can be difficult to prove what happened and whether the individual stole money from their employer or customer.
How do we defend against these charges?
First, the defence can argue that the accused had a sincere belief that the property was his or hers; additionally, the property was mistakenly thought to belong to a third party unrelated to their employment; finally, there was no intention to rob the employer of their property.
Why should I consider getting legal representation?
Know the penalty for embezzlement? Up to ten years in prison according to the law in NSW. It may also lead to your inability to work in your profession which would be an additional punishment. Depending on the severity of your sentence, it may also result in a criminal record, which would make future employment more difficult. With all of these ramifications, if you have been charged with this offence, there are professionals who might be able to alleviate some of the stress of what seems like a disastrous situation. You will have access to qualified lawyers who will work tirelessly on your behalf and get any charges dropped so that there isn't an obstruction in your life due to an event that wasn't your fault.
Are there other consequences?
Firstly, it can be difficult to get a job if you have a criminal history. And secondly, there are many countries with extradition treaties with Australia which allow Australians who commit crimes in other countries to be deported back to Australia for trial. Ultimately, the punishment if found guilty is not as severe as it would be elsewhere in Australia and the prison sentence may be reduced to up to three years, but may be five years if the person charged under certain circumstances.
What are possible defences for this charge?
People who have been charged with embezzlement might wonder about any possible defenses. Someone can only be found 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. Moreover, there must be an element of dishonesty on behalf of the accused. In New South Wales, a defence exists if the accused can prove that they had a reasonable excuse for 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. The level of punishment and how many years they will be imprisoned is dependent on how much money was taken and what their position was at the time of the offense. The penalty may be lessened if the individual confesses, without which, he or she could spend up to two years in prison awaiting conviction.
Should I plead guilty if charged with this?
The maximum sentence for embezzlement in New South Wales is ten years in prison, but this cannot be your primary deciding factor. Depending on your specific case, you may only be facing a fine, not jail time. If you are making a decision, then you should consult a lawyer.
What sentence will I get if found guilty?
If you are found guilty of this offense, the court can impose a maximum penalty of ten years imprisonment. If so, the court will make an order, which will determine if your financial interests were affected by the prosecution. If you refuse to cover any or all of the costs incurred during the investigation, you may be forced to pay up to the entirety of those costs. Moreover, if you are convicted, you may be forced to enter into a recognizance with sureties. Other penalties and sanctions that can be imposed if found guilty include ordering you not to carry out any significant financial risk-related activities.
