Fraud offences represent a complex web of legal matters that can have far-reaching consequences for individuals and businesses alike. Barker Evans understand the intricate nature of fraud cases and are dedicated to providing expert legal guidance and representation to individuals facing such allegations.
Fraud charges are dealt with under various sections of the Crimes Act 1900 (NSW) (“the Act”). However, whilst most fraud offences are dealt with under section 192E of the Act, there are other specified fraud offences that have their own dedicated section.
Section 192E states that:
“A person who, by any deception, dishonestly:
- Obtains property belonging to another, or
- Obtains any financial advantage or causes any financial disadvantage, is guilty of the offence of fraud.”
As previously mentioned, in addition to this general offence there are also specific fraud related offences:
- Section 192F of the Act holds that those that intend to defraud by destroying or concealing accounting records, are guilty of an offence;
- Section 192G of the Act holds that those who intend to defraud by false or misleading statement, are guilty of an offence; and
- Section 192H of the Act holds that those who intend to deceive members or creditors by false or misleading statement of office or organisation, are guilty of an offence.
I have been charged with fraud, or a fraud related offence, what penalties do I potentially face?
The maximum penalties for the aforementioned charges are set out below:
- 192E Fraud – Imprisonment for 10 years if convicted in the District Court, 2 years imprisonment if convicted in the Local Court;
- 192F Intention to defraud by destroying or concealing accounting records – Imprisonment for 5 years;
- 192G Intention to defraud by false or misleading statement – Imprisonment for 5 years; and
- 192H Intention to deceive members or creditors by false or misleading statement of officer of organisation – Imprisonment for 7 years.
It is worth noting that the penalties mentioned above are maximum penalties and that penalties ordered by the Court are influenced by circumstances of the case, and the behaviour of alleged offender.
As such, the Court will consider the severity of the offence, and whether it is your first offence. Further, penalties other than a custodial sentence are available to the Court. Such penalties include:
- community corrections orders;
- intensive corrections orders;
- conditional release orders; and
- fines.
I have been charged with fraud or a fraud related offence, how should I plead?
Before entering a plea, it is important to seek legal assistance.
As with all criminal charges, you may either enter plea of guilty or not guilty. If you enter a plea of guilty, it means that you agree with the charges levied against you by the prosecution and will be sentenced by the Court for that offence.
However, it is worth noting that a plea of guilty is often looked upon favourably by the Court, if made on the first available opportunity, and usually entails a sentence discount of 25%. Moreover, a plea of guilty also demonstrates to the Court that you are remorseful for your actions, which can persuade them to hand down a less severe penalty.
If you enter into a plea of not guilty, it means that you will be defending the charges against you. Following your plea, a brief of evidence will be served on you or your lawyer by the NSW. This brief will contain the evidence that the Police intend to rely on to try to convict you. A further hearing date will be set for your defended hearing.
To be found guilty of fraud or a fraud related offence, the prosecution must prove beyond a reasonable doubt that you committed the offence.
If you have been charged with fraud or a fraud related offence, it is important to seek legal advice from a top criminal lawyer.
Your team at Barker Evans have considerable experience with such matters and are ready to assist and guide you. To best assist your legal team, make sure you give them all documentation given to you by the police. This can include a Court Attendance Notice, and Facts Sheet served on you.
Should you require a top criminal lawyer, we are only a phone call or email away. Please feel free to contact us on (02) 8379 1892 or at Info@barkerevans.com.au.