The criminal offence of corruption is a serious indictable offence in NSW that can lead to imprisonment. Criminal Lawyers Group have been nationally recognised as the leading criminal law firm in NSW for securing the best outcomes for clients who have been charged with the criminal offence of corruption in NSW.
If you or anyone you know have been accused or charged with the criminal offence of corruption, contact our award-winning team of criminal law specialists at Criminal Lawyers Group immediately for a free consultation.
THE CRIMINAL OFFENCE OF CORRUPTION IN NSW – RECEIVE OR SOLICIT
Section 249B of the Crimes Act 1900 (NSW) constitutes it a criminal offence for an agent to corruptly receive or solicit (or corruptly agree to receive or solicit) from another person for the agent or for anyone else any benefit:
- as an inducement or reward for or otherwise on account of:
- doing or not doing something, or having done or not having done something, or
- showing or not showing, or having shown or not having shown, favour or disfavour to any person,
in relation to the affairs or business of the agent’s principal, or
- the receipt or any expectation of which would in any way tend to influence the agent to show, or not to show, favour or disfavour to any person in relation to the affairs or business of the agent’s principal.
THE CRIMINAL OFFENCE OF CORRUPTION IN NSW – GIVE OR OFFER
Section 249B of the Crimes Act 1900 (NSW) also constitutes it a criminal offence for any person to corruptly give or offer to give to any agent, or to any other person with the consent or at the request of any agent, any benefit:
- as an inducement or reward for or otherwise on account of the agent’s:
- doing or not doing something, or having done or not having done something, or
- showing or not showing, or having shown or not having shown, favour or disfavour to any person,
in relation to the affairs or business of the agent’s principal, or
- the receipt or any expectation of which would in any way tend to influence the agent to show, or not to show, favour or disfavour to any person in relation to the affairs or business of the agent’s principal.
WHAT IS THE DEFINITION OF AN AGENT?
In order to understand the meaning of the criminal offence of corruption referred to in Section 249B of the Crimes Act 1900 (NSW), it is important to know the definition of the term ‘agent’.
Section 249A of the Crimes Act 1900 (NSW) defines the term ‘agent’ as including, but not limited to, any person employed by, or acting for or on behalf of, any other person, any person serving under the Crown, a Police Officer and a Councillor.
WHAT IS THE PUNISHMENT FOR THE CRIMINAL OFFENCE OF CORRUPTION IN NSW?
Section 249B of the Crimes Act 1900 (NSW) prescribes a maximum penalty of 7 years imprisonment for anyone convicted of the criminal offence of corruption under this provision with respect to corrupt commissions or rewards.
OTHER OFFENCES OF CORRUPTION
Part 4A of the Crimes Act 1900 (NSW) defines other criminal offences of corruption further to that of corrupt commissions or rewards, including misleading documents or statements used or made by agents, corrupt inducements for advice, corrupt benefits for trustees and others and aiding and abetting.
Contact our specialists at Criminal Lawyers Group if you need to discuss any alleged offence of corruption.
ICAC WARNED COUNCIL CANDIDATES AGAIN WEAPONISATION OF ICAC
The Independent Commission Against Corruption (ICAC) warned candidates prior to the 2024 Local Government elections against weaponising ICAC against their political opponents. The practice of concern involves directing allegations of corruption against political rivals, which might be accompanied by public statements that the matter had been referred to ICAC. This conduct in close proximity to an election leaves the Commission little time to adequately assess and investigate the merits of the allegation, therefore the publicising of such an allegation may unfairly impact an election candidate.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with the criminal offence of corruption, contact our award-winning criminal lawyers at Criminal Lawyers Group immediately for a free consultation. Our specialist team of criminal law experts are nationally recognised for securing the best outcomes for our clients across NSW who have been charged with the criminal offence of corruption.