Section 249C Crimes Act 1900
Misleading Documents or Statements

updated on

Agent-principal relationships refer to situations where one person (the agent) is entrusted to act in the principal’s interests.

Examples of principal-agent relationships include those of lawyers, financial advisers, company managers, and other professionals with their clients.

Principal-agent relationships are legal relationships, and the agent is required to act in the principal’s best interests at all times.

Where the agent does not act in the best interests of the principal, they may be charged with a criminal offence.

One such criminal offence is that of ‘misleading documents or statements.’

To be found guilty of this offence, the prosecution must prove that you gave your agent a document which contained a false or misleading statement in relation to a material particular.

You must also be shown to have intended to defraud the principal; for example, by encouraging them to make a decision that is not in their best interests based on false information.

You may also be charged under this section if you make a false or misleading statement to a principal, where you did so with the intention to defraud them.

In either case, the maximum penalty is 7 years imprisonment.

However, this is the absolute maximum and it will only apply in the most serious cases.

Our experienced lawyers can assist you in avoiding these harsh penalties and fighting the charges to escape a conviction.

If you are going to court for the offence of Misleading Documents or Statements, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.

Read on for more information.

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