Embezzlement Lawyers Sydney

Understanding Embezzlement Charges in NSW

Embezzlement and larceny committed by a person in a position of trust or employment are both covered under Division 6 of the Crimes Act 1900 (NSW). As with any criminal charge in Australia, every element of the offence must be proven by the prosecution beyond a reasonable doubt.

A conviction for embezzlement or another fraud-related offence can follow you well beyond the courtroom, potentially affecting your employment prospects, any family law proceedings you’re involved in, professional licensing, overseas travel, and your ability to apply for loans or insurance.

As with other fraud matters, the prosecution has discretion to decide whether your case is dealt with in the Local Court or the District Court, based on the seriousness of the alleged offending and any other charges against you. If your matter stays in the Local Court, the maximum penalty available is 2 years’ imprisonment. Whichever court hears your matter, having experienced legal representation is strongly recommended.

Embezzlement Offences and Key Definitions

Clerk or Servant

You’ll be treated as a clerk or servant under the law if you’re employed in that capacity, even temporarily, even if you also work for other people, even if you’re employed to pay money as well as receive it, and even if your employer never formally authorised you to receive money or property on their behalf.

Property

“Property” covers a wide range of assets, including money, valuable securities, debts, legacies, and any deeds or documents relating to a right to property or to recovering money or goods. It also extends to anything that the property has since been converted or exchanged into.

Larceny by a Clerk or Servant

Stealing property belonging to, or in the possession of, your employer or any property that has since been converted or exchanged into carries a maximum penalty of 10 years’ imprisonment in the District Court. If your matter is dealt with in the Local Court instead, the maximum penalty scales with the value involved:

• Up to 2 years’ imprisonment or a fine of $11,000 where the value exceeds $5,000;
• Up to 2 years’ imprisonment or a fine of $5,500 where the value doesn’t exceed $5,000; and
• Up to 2 years’ imprisonment or a fine of $2,200 where the value doesn’t exceed $2,000.

Embezzlement by a Clerk or Servant

Fraudulently embezzling property delivered to, or received by, you on behalf of your employer is treated as theft under the law, even where your employer never had direct possession of that property themselves. It carries the same maximum penalties as larceny by a clerk or servant, up to 10 years in the District Court, or the scaled penalties outlined above if dealt with in the Local Court.

Larceny and Embezzlement by a Person in Public Office

Where you’re employed in public service and steal property entrusted to you, in your custody, or under your control by virtue of that role, the same 10-year maximum applies in the District Court, with the same scaled Local Court penalties depending on value. A related offence covers fraudulently embezzling, secreting, or disposing of property held in a public service role, which carries identical maximum penalties.

Proving the Offence

For these offences, the prosecution generally only needs to establish a general discrepancy in the relevant account books or financial records. Where the evidence points more clearly to simple larceny rather than embezzlement, you may be acquitted of the embezzlement charge but convicted of larceny instead.