Fraud Charges Lawyers Sydney

What Does the Prosecution Have to Prove?

Fraud offences in New South Wales sit under the Crimes Act 1900 (NSW), while fraud against Commonwealth entities is dealt with under the Criminal Code Act 1995 (Cth). Regardless of which law applies, the prosecution must prove every element of the charge beyond a reasonable doubt, which is exactly why fraud matters can be genuinely difficult to prove, and why early, expert legal advice matters so much.

Broadly, you commit an offence under section 192E of the Crimes Act 1900 (NSW) if, by deception, you dishonestly:

➤ obtain property belonging to someone else, or ➤ obtain a financial advantage, or cause someone else a financial disadvantage.

The maximum penalty is 10 years’ imprisonment. Depending on the circumstances, a fraud charge may be prosecuted in the Local Court or escalated to the District Court, and in some cases, an alternative charge of larceny may apply instead.

A fraud conviction can follow you well beyond the courtroom, affecting employment prospects, professional licensing, family law proceedings, your ability to secure finance or insurance, and even overseas travel where character requirements apply.

Other NSW Fraud Offences

Fraud legislation in NSW covers more than the “classic” deception offence. Related charges our lawyers regularly defend include:

Destroying or concealing accounting records

Dishonestly destroying or concealing financial records with the intention of obtaining property or a financial advantage carries a maximum penalty of 5 years’ imprisonment.

Making a false or misleading statement

Dishonestly making, publishing, or being a party to a statement that is false or misleading in a material way with the intention of obtaining property or a financial advantage carries a maximum penalty of 5 years’ imprisonment.

False statements by a company officer

If you’re an officer of a company or organisation and you knowingly make or publish a false or misleading statement with the intention of deceiving members or creditors, the maximum penalty is 7 years’ imprisonment.

Commonwealth Fraud Offences

Where the alleged victim is a Commonwealth entity such as Centrelink, the NDIS, Medicare or the ATO, matters are prosecuted under the Criminal Code Act 1995 (Cth), usually following investigation by the Australian Federal Police or ASIC. These matters are still heard in NSW courts, but carry their own specific offence provisions, including:

Obtaining property by deception

Dishonestly obtaining property belonging to a Commonwealth entity, by deception, with the intention of permanently depriving it of that property.

Obtaining a financial advantage by deception

Dishonestly obtaining a financial advantage from a Commonwealth entity by deception.

General dishonesty – obtaining a gain

Doing anything with the intention of dishonestly obtaining a gain from a Commonwealth entity. The prosecution doesn’t need to prove you knew the other party was a Commonwealth entity.

General dishonesty – causing a loss

Doing anything with the intention of dishonestly causing a loss to a Commonwealth entity again, without needing to prove you knew its status.

General dishonesty – causing a loss, or risk of loss, to another

Dishonestly causing a loss (or a substantial risk of loss) to a Commonwealth entity, where you knew or believed the loss would, or might, occur.

Dishonestly influencing a Commonwealth public official

Conspiring with another person to dishonestly influence a Commonwealth public official in the exercise of their duties. A defence may be available if you withdrew from the agreement before any act was carried out, or if all co-accused were acquitted.

Most of these offences carry a maximum penalty of 10 years’ imprisonment.