What is fraud?

Fraud offences are contained in Part 4AA of the Crimes Act 1900. There are several offences in this Part covering the offence of fraud, however the charge of fraud is generally known as obtaining a benefit by deception, or alternatively causing disadvantage by deception.

The offence of fraud generally consists of a person dishonestly by any deception either obtains property belonging to another; obtains any financial advantage; or causes any financial disadvantage.

Section 4B of the Crimes Act defines dishonesty as “dishonest according to the standards of ordinary people and known by the defendant to be dishonest according to the standards of ordinary people”. Deception can include words or conduct; however, it must be reckless or intentional.

What if I am accused of fraud?

To be convicted of a fraud offence, the police must prove beyond a reasonable doubt, that a person by deception, dishonestly, obtained property belonging to another person, or obtained a financial advantage.

The offence of fraud carries a maximum penalty of two years imprisonment in the local court and a maximum penalty of ten years imprisonment in the district court, depending on the seriousness of the offence.

How we can help you

Our Criminal Law team has the knowledge and expertise to assist you in responding to fraud claims. There are several options available which is why it is important to gain independent legal advice before you attend court.