Fraud Offences
There are a range Fraud offences in New South Wale, being:
- - Intention to Defraud by Destroying or Concealing Accounting Records
- - Obtain Benefit By Deception
- - Intention to Defraud by False of Misleading Statement
- - Intention to Deceive Members or Creditors by False or Misleading Statement of Officer of Organisation
Definitions include:
Cause financial disadvantage
“Cause” a financial disadvantage means:
(a) cause a financial disadvantage to another person, or
(b) induce a third person to do something that results in another person suffering a financial disadvantage, whether the financial disadvantage is permanent or temporary.
Deception
Deception means any deception, by words or other conduct, as to fact or as to law, including:
(a) a deception as to the intentions of the person using the deception or any other person, or
(b) 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.
Obtaining property
A person “obtains property” if:
(a) the person obtains ownership, possession or control of the property for himself or herself or for another person, or
(b) the person enables ownership, possession or control of the property to be retained by himself or herself or by another person, or
(c) 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.
Obtaining a financial advantage
“Obtain” a financial advantage includes:
(a) obtain a financial advantage for oneself or for another person, and
(b) induce a third person to do something that results in oneself or another person obtaining a financial advantage, and
(c) keep a financial advantage that one has, whether the financial advantage is permanent or temporary.
Permanently deprive
A person obtaining property belonging to another without meaning the other permanently to lose the thing itself has, nevertheless, the intention of permanently depriving the other of it if the person’s intention is to treat the thing as his or her own to dispose of regardless of the other’s rights. Borrowing or lending of the property may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.
“Property belongs” to a person if:
(a) the person has possession or control of the property, or
(b) the person has a proprietary right or interest in the property (not being an equitable interest arising only from an agreement to transfer or grant an interest or from a constructive trust).
The penalties
Fraud penalties vary due to the variety of offences and the circumstances surrounding the offender's personal characteristics. Courts can dismiss charges without conviction through Conditional Release Orders (CRO) or other minor examples, and upon conviction, they can impose CROs with conviction, fines, Community Correction Orders (CCO), or sentences of imprisonment through Intensive Correction Orders (ICO) or full-time imprisonment.
Fraud offences are considered serious and the risk of a prison sentence is often high. It is crucial to consult an experienced criminal lawyer. Contact Houston Defence Lawyers for a free consultation on 1300 023 349, as Fraud offences are serious with varying degrees of penalties and aggravating factors.
if you are charged with a fraud offence contact Houston Defence Lawyers 1300 023 349. We are dedicated to protecting clients' rights and reputation. We bring years of experience and expertise to defend cases vigorously, aiming for positive outcomes such as charge withdrawal, downgrading, dismissal, or minimal penalties. With a skilled team in advocacy who provides strong support and guidance throughout the legal process. Our first consultation is free.
For more information see our news article at Dishonestly obtain financial advantage by deception in law
For more information on sentencing see our news article at Sentencing Factors
Learn About Your Choices At Law When Charged With a Criminal Offence.
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