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Various offences can be considered fraudulent in NSW, from dishonesty to larceny and embezzlement. Fraud charges require specialised assistance from an experienced fraud lawyer. Whether your charges involve identity theft, credit card fraud or tax fraud, Morrisons expert team of lawyers can provide you with specialist legal representation to ensure your rights are protected.
Fraud offences involve deceit or dishonesty to gain an unfair advantage, often at the expense of another person.
Under Section 192E of the Crimes Act 1900, fraud includes any act of deception that results in obtaining property, financial advantage, or causing financial disadvantage. This broad definition allows the law to address numerous fraudulent activities.
At the Commonwealth level, fraud is also addressed under the Criminal Code Act 1995 and other specific legislation, such as the Taxation Administration Act 1953. These laws cover more specific fraud types, such as tax fraud, investment fraud and corporate fraud.
Fraud can occur in many forms, from internet scams and bank fraud to credit card misuse and workplace deceit. Understanding these charges and their implications is vital for anyone facing fraud allegations.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
Here are some common types of fraud crimes:
| Offence | Description | Maximum penalty |
| Embezzlement as clerk or servant (under $2,000) | An employee fraudulently taking or embezzling property or money that belongs to their employer. | Local Court – $2,200 and 2 years imprisonment
District Court – 10 years imprisonment |
| Obtaining property by deception | Obtaining a benefit, such as property or money belonging to another, by deceptive conduct. | Local Court – $11,000 and 2 years imprisonment
District Court – 10 years imprisonment |
| Forgery | Making or using a false document, with an intention for it to induce someone to accept it as genuine, resulting in a financial advantage. | Local Court – $11,000 and 2 years imprisonment
District Court – 10 years imprisonment |
| Possess identification information | It is an offence to possess identification information with an intent to commit a serious offence. | Local Court – $11,000 and 2 years imprisonment
District Court – 7 years imprisonment |
| Destroying or concealing accounting records | This involves dishonestly destroying or concealing accounting records, with an intention of obtaining the property of another person. | Local Court – $11,000 and 2 years imprisonment
District Court – 5 years imprisonment |
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
Here are some of the potential defences to a fraud charge:
| Identification | It must be proven beyond reasonable doubt that you were the individual who committed, or was involved in, the dishonest act. |
| Not acting dishonestly | Most fraud related charges require a person to act dishonestly, or with a dishonest intention, for the offence to be proven. |
| Duress | This defence requires the criminal acts to be because of threats of death or really serious injury to you or a member of your family – and the nature of those threats are such that a person of ordinary firmness, of same maturity and sex, and in your position – would have given in to them and committed the crime demanded of them. |
| Necessity | This defence requires that:
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Facing fraud charges can be overwhelming and may negatively affect your livelihood and future opportunities, including work and travel. It’s crucial to choose a skilled lawyer to help you navigate your options and legal rights.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
Fraud cases in NSW are handled differently depending on the specific charge, the amount of money involved and some decisions from the prosecutor. All cases will start in the Local Court. The more serious charges will move through a committal process and may proceed to the District or Supreme Court. Less serious charges can remain in the Local Court.
At Morrisons, our expert team is experienced in defending all types of fraud charges – including general fraud, identity fraud, forgery and corporate fraud. We represent clients across NSW in the Local, District and Supreme Court and can guide you through the relevant court procedures for your specific case.
Contact us today for a free initial consultation to discuss your situation and explore defence strategies to ensure the best possible outcome for your case.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
In NSW, fraud cases are handled differently depending on their seriousness.
Typically, the District Court handles the most serious fraud cases, known as indictable offences.
For less serious fraud cases, the process will be held at a local court. It may then be moved to the District Court if required.
At Morrisons, our expert team is experienced in defending all types of fraud charges, including general fraud, identity fraud, forgery, and corporate fraud. We represent clients across NSW at both the local court and district court levels and can guide you through the relevant court procedures of your specific case.
Contact us today for a free initial consultation to discuss your situation and explore defence strategies to ensure the best possible outcome for your case.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
