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DISHONESTLY
CAUSING A LOSS
A Corruption Offence
A Corruption Offence
DISHONESTLY
CAUSING A LOSS
Causing a Loss occurs when a person (usually one who is employed in the public
service, and acting in their capacity as such) dishonestly causes a loss or risk of
loss to another person in the knowledge that a loss will occur as a consequence
of their action.
ELEMENTS OF CAUSING A LOSS
The offence of Causing a Loss is a new offence under the Crimes Decree 2009.
Causing a Loss occurs when a person dishonestly does something that consequently causes a loss to another party, knowing that the loss will occur. The action in question that would lead to the causing of loss has a broad interpretation,
and can include, for instance, the offender facilitating payment(s) that lead to
the loss. The crucial element in this offence is that of dishonesty, which can be
ascertained by examining the offender’s actions and surrounding circumstances in an effort to determine their state of mind when committing the action that
led to the loss.
COMMON PENALTIES FOR CAUSING A LOSS
Dishonestly Causing a Loss is a criminal offence under the Crimes Decree 2009
which imposes a maximum sentence of 5 years imprisonment. The common
penalties incurred under this offence range from a suspended sentence to 2
years imprisonment.
Statutory Penalty
5 years imprisonment.
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Suva
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Lautoka
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Labasa
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Government Buildings
Suva
Fiji
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Lautoka
Fiji
Ph: (679) 331 0290
Fax: (679) 331 0297
Ph: (679) 666 8093
Fax: (679) 666 9083
P.O.Box 9
Labasa
Fiji
Ph: (679) 881 6793
Fax: (679) 881 6792
Email: info@ficac.org.fj
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