Fraud

THE LAW

The offence is contained in section 192E of the Crimes Act 1900 (NSW) which states: A person who, by any deception, dishonestly:

1. Obtains property belonging to another; or
2. Obtains any financial advantage or causes any financial disadvantage;

Is guilty of the offence of fraud.

Deception is defined as any deception, by words or other conduct, as to fact or as to law, including:

A deception as to the intentions of the person using the deception or any other person; or

Conduct by a person that causes a computer, a machine or any electronic device to make a response that the person is not authorised to cause it to make.

Dishonesty means:

Dishonest according to the standards of ordinary people and known by the defendant to be dishonest according to the standards of ordinary people.

A person “obtains property” if:

The person obtains ownership, possession or control of the property for himself or herself or for another person, or

The person enables ownership, possession or control of the property to be retained by himself or herself or by another person, or

The person induces a third person to do something that results in the person or another person obtaining or retaining ownership, possession or control of the property.

Obtain a financial advantage includes:

Obtain a financial advantage for oneself or for another person, and

Induce a third person to do something that results in oneself or another person obtaining a financial advantage, and

Keep a financial advantage that one has, whether the financial advantage is permanent or temporary.

Cause a financial disadvantage means:

Cause a financial disadvantage to another person, or

Induce a third person to do something that results in another person suffering a financial disadvantage, whether the financial disadvantage is permanent or temporary.

The offence is an indictable offence, that means it may be heard in the higher courts; however, it can also be dealt with in Local Courts. The charge will be in the limits of the Magistrates’ Court if:

• (1) The amount in terms of financial advantage does not exceed $100,000;
• (2) The Magistrate considers the charge appropriate to be dealt with summarily; and
• (3) The accused consents- this is something you should seek advice from an expert criminal lawyer on.

In addition to the general factors to be considered on sentence, the following factors will often be particularly relevant:

• The amount of money involved;
• The length of time of the fraud;
• Whether the offender occupied a position of trust when the fraud was committed;
• Whether there was any detailed planning and sophistications in the method employed to defraud; and
• The motive behind the offending.

 

MAXIMUM/POSSIBLE PENALTIES

Obtain benefit by deception can be punished with imprisonment up to 2 years (if heard in the Local Court) or up to 10 years (if heard in the District Court).

Please note that the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.

In NSW, a court can impose any of the following penalties for a obtain a benefit by deception charge of:

• Full-time Imprisonment;
• An Intensive Correction Order (ICO);
• A Community Correction Order (CCO);
• A Conditional Release Order (CRO).

Statistics reveal that for obtaining benefit by deception 46% of offenders received a custodial sentence whereas 33% received a good behaviour bond.

 

THE FACTS THAT MUST BE PROVEN

Since obtaining a benefit by deception is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove each of the following matters beyond a reasonable doubt:

• That you, by deception;
• Obtained a financial advantage; or
• Caused a financial disadvantage; or
• Obtained property belonging to another; and
• the obtaining of the property, advantage, or disadvantage was dishonest.

 

DEFENCES

Some of the possible defences available for those charged with obtaining a benefit by deception include:

• That you were not dishonest;
• That there was no deception;
• That you did not obtain any advantage or cause any disadvantage;
• If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue “Duress”;
• If your actions were necessary to prevent a greater harm from occurring, you may have the defence of “Necessity”;

 

CHOICES AT LAW OPTIONS

For Fraud/Deception of the Commonwealth, Rep-Revive Criminal Lawyers® offers the following options:

1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
2. At the hearing/trial, Rep-Revive Criminal Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
3. Alternatively, Rep-Revive Criminal Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
4. Lastly, Rep-Revive Criminal Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL LAWYERS®

There are several reasons to engage Rep-Revive Criminal Lawyers®:

•  We are always in your corner

At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

•  We bring about excellent results

Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

• Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years. 

If you are charged with an offence, our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.