Fraud Charges | Fraud Lawyers

Sydney Criminal Lawyers has a wealth of experience advising and defending clients against all types of fraud-related matters.

We have developed techniques over many years to deal with these prosecutions, and we firmly believe that we are the most successful criminal law firm in having fraud charges withdrawn (by police and the DPP) and obtaining 'acquittals' for our clients (ie 'not guilty' verdicts); see examples in 'recent results'.

Whether your allegation involves credit card fraud, fraud as an employee, an intention to defraud/deceive or highly complex corporate fraud, Sydney Criminal Lawyers has the specialisation and experience to ensure that you receive the strongest available representation.

In short, a person is guilty of 'fraud' under section 192E if he or she obtains property or a financial advantage by a dishonest act of deception.

Section 192E states that:

1. A person who, by any deception, dishonestly:
   • (a) obtains property belonging to another, or
   • (b) obtains any financial advantage or causes any financial disadvantage,

is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

'Deception': means 'any deception, by words or other conduct, as to fact or 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.

Significantly, a person can only be guilty if the prosecution proves beyond reasonable doubt that the deception was intentional or reckless (section 192B of the Act).

'Dishonestly': means 'dishonest according to the standards of ordinary people and known by the defendant to be dishonest according to the standards of ordinary people' (section 4B of the Act).

'Obtains property': a person obtains property if he or she:

• (a) obtains ownership, possession or control of the property for themselves or another, or
• (b) enables ownership, possession or control of the property to be retained by themselves or another, or
• (c) induces another to do something resulting in someone obtaining or retaining ownership, possession or control of the property (section 192C(1) of the Act).

Significantly, a person can only be guilty if the prosecution proves beyond reasonable doubt that the defendant intended to permanently deprive the owner of the property (section 192C(2) of the Act).

'Property belonging to another': property belongs to another if that person:

• (a) has possession or control of the property, or
• (b) has a proprietary right or interest in the property (except an equitable interest from a constructive trust) (section 192C(3) of the Act).

'Property': includes every description of real and personal property, including money, valuable securities, debts, legacies, all deeds and instruments, and anything else that might be considered to belong to any person or company (section 4 of the Act).

'Obtains financial advantage': a person obtains a financial advantage if, whether or not the advantage is temporary or permanent, he or she:

• (a) obtains a financial advantage for themselves or another, or
• (b) induces a third person to do something resulting in themselves or another obtaining a financial advantage, or
• (c) keeps a financial advantage that one has (section 192D(1) of the Act).

'Causes financial disadvantage': means:

• (a) cause a financial disadvantage to another person, or
• (b) inducing another to do something resulting in another suffering a financial disadvantage (section 192D(2) of the Act).