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Charged with Fraud?
Fraud offences are white-collar crimes and are often viewed as victimless crimes. However, the reality is there is always a victim. Whether it is a multinational company (with a flow on effect to customers) , government department (with a flow on effects to tax payers) or every day people.
If you have been charged with fraud offences, don’t risk it. Contact our office for a free initial consultation from one of our criminal law experts to ensure the best possible outcome for your matter.
The offence of fraud and related offences are covered under the Crimes Act 1900 (NSW) and the Criminal Code Act 1995 (Cth). In Australia, all the elements of the offence must be proven beyond a reasonable doubt and as a result, fraud offences can be difficult to prove. The prosecution has the discretion to prosecute the matter in the Local Court or District Court depending on the seriousness of the alleged offence.
Fraud charges and conviction may result in a criminal record. This can have a serious long-term impact on other areas of your life such as employment, applying for and maintaining professional licences, family law proceedings, ability to apply for loans and insurance, overseas travel, etc.
How serious is a fraud charge?
Fraud is a white collar crime and is not a victimless crime. Fraud and fraud related offences are both State and Commonwealth criminal offences. They are also complex offences and can be difficult to prove. If you have been charged, contact our law firm for a free initial consultation from one of our criminal lawyers.
NSW Fraud offences
In NSW, fraud is investigated by the NSW Police and prosecuted by Police Prosecutors or the Office of the Director of Public Prosecutions (DPP).
What is fraud?
If you, by any deception, dishonestly –
- Obtain property belonging to another, or,
- Obtain any financial advantage or causes any financial disadvantage,
You are guilty of an offence.
The maximum penalty for this offence is ten years imprisonment.
A conviction for larceny may be an alternative to a conviction for fraud.
Case Study
Intention to defraud by destroying or concealing accounting records
If you dishonestly destroy or conceal any accounting records with the intention of –
- Obtaining property belonging to another, or
- Obtaining a financial advantage or causing a financial disadvantage,
you are guilty of an offence.
The maximum penalty for this offence is five years imprisonment.
Intention to defraud by false or misleading statement
If you dishonestly make or publish, or concur in making or publishing any statement (whether or not in writing) that is false or misleading in a material particular with the intention of –
- Obtaining property belonging to another, or
- Obtaining a financial advantage or causing a financial advantage,
you are guilty of an offence.
The maximum penalty for this offence is five years imprisonment.
Case Study
Intention to defraud members or creditors by false or misleading statement of officer of organisation
If you are an officer of an organisation who, with the intention of deceiving members or creditors of the organisation about its affairs, dishonestly makes or publishes, or concurs in making or publishing, a statement (whether or not in writing) that to your knowledge is or may be false or misleading in a material particular, you are guilty of an offence.
The maximum penalty for this offence is seven years imprisonment.
In a nutshell...
Summary Court Process (Local Court)
Fraud matters prosecuted summarily will be heard in the Local Court.
The Local Court process is as follows:
STEP 1
Seek good legal advice
Contact our criminal defence law team and book an initial consultation
STEP 2
Mention hearing
This is the first court date for your matter. It essentially brings it to the attention of the court. You can plead guilty at this stage after receiving legal advice and the matter will be finalised. If you plead not guilty, the court will adjourn your matter and set another court date. The court will set a date for each party to produce their evidence (brief mention). You should use this time to gather any supporting evidence such as character references.
STEP 3
Brief Mention
Each party must produce their evidence to the court and each other. Another court date will be set for hearing
STEP 4
Defended hearing
both parties will present their argument to the court. The court will make their decision and issue a sentence where appropriate.
Local Court sentencing options
There are many sentencing options available to the Local Court.
Pleading guilty at the earliest opportunity may entitle you to a 25% reduction in your sentence. However, you should NOT plead guilty until you have received legal advice, to ensure the best possible outcome for your matter.
Section 10
A section 10 is the best possible outcome in the event the court finds you guilty of a fraud offence. There are three orders available to the court under section 10 of the Crimes (Sentencing and Procedure) Act where the court believes it is inappropriate to further punish an offender.
- Section 10 (1) (a)- dismissal with no conviction recorded
- Section 10 (1) (b)- dismissal with no conviction on conditions set by the court. For example, not to commit an offence for a period of two years – a form of good behaviour bond
- Section 10 (1) (c)- dismissal with no conviction on the condition that the offender enters into an intervention program. For example drug and alcohol counselling.
A section 10 is an acknowledgement of the court that you have committed an offence, however, the court is satisfied that it is out of character and you are unlikely to continue offending. It’s the court’s way of giving you a second chance.
Before granting a section 10, the court will consider:
- Your criminal history.
- Your character, antecedents, age, health and mental condition, etc
- The trivial nature of the offence
- Extenuating circumstances that lead to the offence being committed
- Any other matter the court considers relevant
Intensive Correction Order
Intensive Corrections Orders are an option available to the court where a sentence of imprisonment is imposed on the condition that a defendant is of good behaviour and agrees to supervision by a community corrections officer rather than go to prison.
Additional conditions that may be imposed by the court include:
- home detention
- electronic monitoring
- curfew
- community service (up to 750 hours)
- participation in rehabilitation or treatment programs, for example, drug treatment/counselling
- no drugs or alcohol
- refrain from certain relationships/associations, for example, drug dealer, etc.
- ban from certain locations
Community Correction Order
Community Corrections Orders are similar to Intensive Corrections Orders. The main exception being that a defendant needs to make themselves available to attend court at any time the court requires.
Conditional Release Order
A Conditional Release Order is similar to an Intensive Corrections Order or Community Corrections Order. A Conditional Release Order can be issued with or without a conviction recorded.
Section 32
A section 32 is a diversionary option available under the Mental Health (Forensic Provisions) Act 1990 (NSW). If a defendant is, or at the time the offence occurred:
- cognitively impaired
- suffering from mental illness
- suffering from a mental condition for which treatment is available in a mental health facility
The options available to a magistrate under a section 32 include:
- adjourning the matter
- granting the defendant bail
- any other order the magistrate deems appropriate
- dismissing the charges and discharging the defendant into the care of a responsible person (e.g. a parent) on the condition they attend a specified place for assessment or treatment.
In a nutshell...
Indictable Court Process (District or Supreme Court)
STEP 1
Seek good legal advice
Contact Jameson Law for a free initial consultation
STEP 2
Bail Application
An application for bail may need to be made if bail isn’t granted earlier
STEP 3
Committal Hearing
This a hearing to determine if there is enough evidence to proceed to trial. If there isn’t enough evidence, that is the end of the matter. If there is enough evidence, the matte is adjourned and a new court date is set.
STEP 4
Case Conferences
Case conferences may take place between the committal and the trial.
STEP 5
Trial
Both parties will present their argument to the court. This can take a number of weeks or months depending on the seriousness of the matter and the number of charges. The jury will make a determination of guilt. If they find you guilty, the court will adjourn and a new date set for sentencing. This gives the judge an opportunity to review the evidence and work out the most appropriate sentence. The court may ask for additional information to inform sentencing such as pre-sentencing reports from Corrective Services, etc.
STEP 6
Sentencing
The judge will hand down his or her sentence and their reasons for the decision.
In a nutshell...
Commonwealth fraud offences
The Office of the Commonwealth Director of Public Prosecutions prosecute frauds committed against Commonwealth services such as Centrelink fraud and mail fraud. Commonwealth authorities such as the Federal Police and ASIC investigate fraud cases, however, prosecution for these matters occurs in the courts of the Australian State or Territory that the offence has occurred in. See above for information on the summary and indictable court processes for NSW, as well as alternative sentencing options.
Obtain a property by deception
If you –
- By deception, dishonestly obtain property belonging to another person with the intention of permanently depriving them of that property and,
- The property belongs to a Commonwealth entity,
- you are guilty of an offence.
The maximum penalty for this offence is ten years imprisonment.
Obtain a financial advantage by deception
If you –
- By deception, dishonestly obtain a financial advantage from another person, and
- The other person is a Commonwealth entity,
- you are guilty of an offence.
The maximum penalty for this offence is ten years imprisonment.
General dishonesty – obtaining a gain
If you –
- Do anything with the intention of dishonestly obtaining a gain from another person, and
- The other person is a Commonwealth entity,
- you are guilty of an offence. It is not necessary to prove that you knew the other person was a Commonwealth entity.
The maximum penalty for this offence is ten years imprisonment.
General dishonesty – causing a loss
If you –
- Do anything with the intention of dishonestly causing a loss to another person, and
- The other person is a Commonwealth entity,
- you are guilty of an offence. It is not necessary to prove that you knew the other was a Commonwealth entity.
The maximum penalty for this offence is ten years imprisonment.
General dishonesty – causing a loss to another
If you –
- Dishonestly cause a loss, or dishonestly cause a risk of loss, to another person, and
- You know or believe that the loss will occur or that there is a substantial risk of the loss occurring, and
- The other person is a Commonwealth entity,
- you are guilty of an offence.
The maximum penalty for this offence is ten years imprisonment.
Influencing a public Commonwealth official
If you –
- Conspire with another person with the intention of dishonestly influencing a public official in the exercise of the official’s duties as a public official, and
- The public official is a Commonwealth public official, and
- The duties are duties as a Commonwealth public official,
- you are guilty of an offence. It is not necessary to prove that you knew the person was a Commonwealth public official or that they were duties as a Commonwealth public official.
The maximum penalty for this offence is ten years imprisonment.
It is a defence if:
- All other parties to the agreement have been acquitted and a finding of guilt would be inconsistent with their acquittal
- Before the commission of an overt act pursuant to the agreement, you withdraw from the agreement and take all reasonable steps to prevent it.
In a nutshell...
Case Study
Disclaimer
The above is general legal information and should not be considered legal advice. You should speak with one of our criminal defence lawyers for legal advice tailored to your specific legal matter. The penalties listed are maximum penalties. The courts deal with matters on a case by case basis. It should also be noted that there may be court delays due to COVID-19.
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Frequently Asked Questions.
If a fraud has been conducted on Australian soil, it may be possible to investigate and find the offending parties, for example an employee who steals from their employer. However, if a fraud has been conducted overseas, even though it has victims in Australia, Australian authorities have no jurisdiction. For example, an online romance scam.
There are a number of ways you can report a fraud:
- Report any suspicious account transactions to your bank and/or service providers
- At your local police station
- Using the ACORN website to report cyber fraud
- Scamwatch website
- Insurance Council of Australia (for insurance fraud)
- AusTrade fraud hotline
- The amount of money involved
- Motive
- The degree of planning and sophistication
- The length of time over which the offences occured
- An accompanying breach of trust. For example, you were working as an accountant and used your position to defraud the victim.
NSW Courts our criminal lawyers attend
Street Address: 368 Darling St
Postal address: PO Box 235 Burwood 1805
Telephone: 1300 679 272
Fax:
Registry Hours: 9:00 - 1:00 & 2:00 - 4:00
Telephone Hours: 8:30 - 4:30
Days open: Direct all enquiries to Burwood Local Court
Street Address: Cnr Chapel Road & The Mall
Postal address and email: PO Box 71 Bankstown NSW 2200 Email
Telephone: 1300 679 272
Fax: 9722 6060
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: 1 Kildare Rd
Postal address: PO Box 217 Blacktown NSW 2148
Telephone: 1300 679 272
Fax: 9672 2666
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: 7-9 Belmore St
Postal address: PO Box 235 Burwood 1805
Telephone: 1300 679 272
Fax: 9744 4144
Registry Hours: 9:00 - 4.30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: John Street
Postal address: PO Box 186 Camden NSW 2570
Telephone: 1300 679 272
Fax: (02) 4657 3105
Registry Hours: 9:30 - 1:00 & 2:00 - 3:30
Telephone Hours: 8:30 - 4:30
Street Address: Railway St
Postal address: PO Box 91 Campbelltown NSW 2560
Telephone: 1300 679 272
Fax: 4629 9606
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: Queen St
Postal address: PO Box 91 Campbelltown NSW 2560
Telephone: 4629 9777
Fax: 4629 9744
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: 98 Liverpool St
Postal address: PO Box 20495 World Square NSW 2000
Telephone: 1300 679 272
Fax: 9264 3806
Registry Hours: 9:00 - 1:00 & 2:00 - 4:00
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: Level 3 Downing Centre 143-147 Liverpool Street, Sydney
Postal address: PO Box A4 Sydney South 1235
Telephone: 1300 679 272
Fax: 9287 7543
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: Level 4 Downing Centre 143-147 Liverpool Street, Sydney
Postal address: PO Box A4 Sydney South 1235
Telephone: 1300 679 272
Fax: 9287 7963
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: Parramatta Court House 12 George Street Parramatta
Postal address: PO Box 92 Parramatta 2124
Telephone: 8688 4525
Fax: 8688 4913
Registry Hours: 9:00 - 1:00 & 2:00 - 4:30
Telephone Hours: 9:00 - 4:30
Days open: Mon - Fri
Street Address: Cnr Spencer St & Court Rd
Postal address: PO Box 201 Fairfield NSW 2165
Telephone: 1300 679 272
Fax: 9794 7979
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: 294 Peats Ferry Rd
Postal address: PO Box 96 Hornsby 1630
Telephone: 1300 679 272
Fax: 9847 9955
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: 17 Montgomery Street
Postal address: C/- Sutherland PO Box 37 Sutherland NSW 22132
Telephone: 1300 679 272
Fax:
Registry Hours:
Telephone Hours:
Days open: All registry services are provided from Sutherland Local Court
Street Address: 150 George St
Postal address: PO Box 3435 Liverpool Westfields NSW 2170
Telephone: 1300 679 272
Fax: 9821 7888
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: 2 Belgrave Street
Postal address: PO Box 125 Manly NSW 1655
Telephone: 1300 679 272
Fax: 9934 4545
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: 59 North Parade
Postal address: PO Box 99 Mt Druitt NSW 2770
Telephone: 1300 679 272
Fax: 9881 9188
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: 222 Australia Street
Postal address: PO Box 575 Newtown NSW 2042
Telephone: 1300 679 272
Fax: 9577 4040
Registry Hours: 9:00 - 1:00 and 2:00 - 4:00
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
Street Address: 12 George Street
Postal address: PO Box 92 Parramatta NSW 2124
District Court
Telephone: 1300 679 272
Fax: 8688 9602 (Criminal) 8688 9603 (Civil)
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon-Fri
Street Address: 2 George Street
Postal address: Locked Bag 5113 Parramatta NSW 2123
Telephone: 8688 1888
Fax: 8688 1999
Registry Hours: 9:00 - 4.30
Telephone Hours: 9:00 - 4.30
Days open: Mon - Fri
Street Address: 64-72 Henry Street
Postal address: PO Box 318 Penrith NSW 2751
Telephone: 1300 679 272
Fax: 4720 1555
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 -4:30
Days open: Mon-Fri
Street Address: 288 Windsor Street
Postal address: PO Box 9 Richmond NSW 2753
Telephone: 1300 679 272
Fax:
Registry Hours: 9:00 - 1:00 and 2:00 - 4:00
Telephone Hours: 8:30 - 4:30
Street Address: 814 Victoria Road
Postal address: PO Box 22 Ryde 1680
Telephone: 1300 679 272
Fax:
Registry Hours: 9:00 - 1:00 and 2:00 - 4:00
Telephone Hours: 8:30 - 4:30
Days open: all registry enquiries are to be directed to Parramatta Local Court .
Street Address: 66-78 Albion Street
Postal address: PO Box K303 Haymarket NSW 1240
Telephone: 8667 2100
Fax: 8667 2130
Registry Hours: 9:00 - 4:30
Telephone Hours: 9:00 - 4:30
Days open: Mon - Fri
Street Address: Cnr Flora and Belmont Streets
Postal address: PO Box 37 Sutherland NSW 2232
Telephone: 1300 679 272
Fax: 9542 0244
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
(formerly Level 5 Downing Centre)
Street Address: Level 4, John Maddison Tower, 86 Goulburn St
Postal address: PO Box K1026 Haymarket NSW 2000
Telephone: 1300 679 272
Fax: 9287 7188
Registry Hours: 9:00 - 4:30
Telephone Hours: 8:30 - 4:30
Days open: Mon - Fri
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Jameson Law Offices
- PO Box 73
Parramatta NSW 2124 - info@jamesonlaw.com.au
- 02 8806 0866
- 02 9052 0840
Contact Us
- PO Box 73
Parramatta NSW 2124 - info@jamesonlaw.com.au
- 02 8806 0866
- 02 8046 6477
Jameson Law Offices