Fraud
What is Fraud?
Under section 192E Crimes Act 1900 (NSW), it is an offence to obtain financial advantage or property by deception. This is also known as ‘Fraud’.
There are various different types of acts that are categorised as Fraud. These include, but are not limited to:
- Centrelink Fraud;
- Embezzlement;
- Dealing with proceeds of crime;
- Forgery;
- Money laundering.
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Our dedicated criminal lawyers are experienced in representing clients who are charged with engaging in Fraudulent activity to various degrees.
When to reach out to a criminal defence lawyer
Our dedicated and passionate criminal lawyers are experienced in handling these cases in court and achieving great outcomes for our clients.
Our lawyers are available 24/7 and work around the clock to provide you with tailored and precise legal advice, defending you at all costs.
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FAQ
What is Fraud?
In order for you to be found guilty of Fraud, the prosecution have to prove beyond reasonable doubt that:
- You received property/a financial advantage, or you caused financial disadvantage;
- This advantage/disadvantage was caused by your ‘deceptive’ conduct;
- Your conduct was also ‘dishonest’ and you knew it to be dishonest.
What is the maximum penalty?
The offence of Fraud carries a maximum penalty of 10 years imprisonment. It is important to note that maximum penalties are very rarely imposed and are reserved for the most serious of offenders.
Is there any benefit to Pleading Guilty?
If you enter a Plea of Guilty to Fraud at the earliest opportunity, you will be afforded 25% utilitarian discount on sentence.
Will I go to Jail if found Guilty?
It depends on the individual facts of your case. Some variables include the length of time the fraud was committed over, the level of sophistication and quantum of money involved. It is not inevitable that a person will go to jail.
Can I defend a Fraud charge?
Yes. Some available defences are:
There was no deceptive conduct;
You did not receive a financial advantage;
You didn’t cause a financial disadvantage;
Your conduct was not dishonest;
Mistaken Belief that you were entitled to financial advantage and that belief was reasonable.
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