Fraud and dishonesty offences

Criminal Defence Lawyers

Fraud offences cover a range of dishonesty related offences but most commonly covered by section 192E of the Crimes Act 1900. This offence involves conduct, by deception, obtaining property belonging to another, dishonestly obtaining a financial advantage or causing a financial disadvantage.

 

Fraud is a serious criminal offence whereby an offence under section 192E carries a maximum term of imprisonment of 10 years.

 

If you have been charged with a fraud or dishonesty related offence, contact our office to speak with an experienced criminal law specialist.

FAQs about fraud and dishonesty

What do the Police need to prove in a fraud charge?

To prove an affray charge, the Police must prove:

  1. That you dishonestly
    1. obtained property belonging to another, or
    2. obtained a financial advantage or caused any financial disadvantage

What does ‘dishonesty’ mean?

Dishonesty is defined in the Crimes Act 1900 as conduct which is “dishonest according to the standards of ordinary people and known by the defendant to be dishonest according to the standards of ordinary people”.

Which court will hear my fraud charge?

This offence can be dealt with in either the Local Court or the District Court.

Majority of fraud charges are dealt with in the Local Court unless they are so serious or complex that they are ‘elected’ to the District Court

Will I go to jail if convicted for fraud?

The maximum penalty for fraud is 10 years imprisonment (or 2 years in the Local Court).

In determining the appropriate sentence, a Court will consider a myriad of objective factors, such as the seriousness of the offending and value of the fraud, as well as subjective factors such as your criminal record and likelihood of reoffending.

Alternatives to jail are available for an affray.

Are there alternative verdicts available for a fraud offence?

Yes. A conviction for the offence of fraud is an alternative verdict to a charge for the offence of larceny, or any offence that includes larceny, and a conviction for the offence of larceny, or any offence that includes larceny, is an alternative verdict to a charge for the offence of fraud.

 

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