Facing a fraud charge can be scary. The term fraud generally means dishonest or misleading behavior that benefits one person or company while causing harm to another.
The charges of fraud are becoming one of the most prosecuted offenses in the criminal courts. If people are found guilty of the offence of fraud they could be facing penalties of a maximum sentence or imprisonment and fines.
But with the help of a fraud attorney charges can be reduced to a certain level. But before any Fraud lawyer can help you, you also need to about the aspects of being charged with a fraud case. Read on to learn about categories of fraud cases.
Categories of fraud offences in Australia
There are various areas in which offenses are described as fraud. Offenses related to fraud in Australia are dealt with under section 19e of the Crimes Act 1900. The Act states that it is a criminal offense for anyone to use deception for dishonesty:
- Deception
This offense is defined in the Crimes Act 1900 as something that you say or do where the act of doing so was convinced and executed to deliberately and internationally mislead another person.
For example:
- Deceiving someone about your intentions
- Use a computer to respond in a way that you do not have proper authority to do so. It can be accessing someone’s computer by entering their password without their consent.
To consider this offence as fraud this must be either intended or reckless.
Reckless is where you were that what you were doing was possibly cheating but you did it anyway.
- Dishonesty
Determining can be an act is dishonest depends on the standards of ordinary people and whether the defendant knew it was dishonest by those standards. The court will consider the standards of ordinary people to decide if a person’s conduct was dishonest when making a ruling.
- Obtains Property Belonging To Another
This is where a person gets or enables ownership of property belonging to another person. Or it can be a third person who is induced to do something resulting in obtaining and retaining or possessing the property.
To be found guilty of obtaining property belonging to another the person must have intended to permanently deprive the owner of the property.
- Getting A Financial Advantage By Defrauding
A person who deceives someone to dishonestly achieve a financial benefit for themselves or someone else is engaging in fraud.
It also might involve pressuring a third party to take a position that benefits oneself or another financially.
Acquiring a financial edge encompasses situations in which one individual detribalizes another party financially or manipulates a third party into doing so. This benefit or drawback may be ongoing or one-time.
Punishment for fraud offences in Australia
NSW courts treat Fraud offences seriously. If found guilty of committing fraud you could be facing a maximum prison sentence of anywhere from 2 to 10 years. It depends on where the matter is heard.
The highest penalties for fraud vary as listed below:
- Intention to defraud by destroying or concealing accounting records results in 5 years imprisonment.
- Intention to deceive members or creditors by a false or misleading statement of an officer of the organization results in 7 years of imprisonment.
- Identification fraud can result in 10 years of imprisonment.
- Possessing equipment to make identification documents or things with intent to commit an offense results in 3 years of imprisonment.
- Making false documents or using and possessing them can result in 10 years of imprisonment.
Sentencing Considerations If Found Guilty Of Fraud
Several factors are taken into consideration to determine the seriousness of the offense committed. The fraud attorney representing you will help you in this matter. This will impact both where the matter will be heard as well as the severity of the sentence. All these include:
- The quantity of Money Involved or The Size of Loss
Where the amount of money involved is substantial. The victims are likely to have the matter heard in the district court. The penalties imposed should the defendant be found guilty.
- The Length of Time Over Which The Offense Committed
The length of time the offense took place reveals the level of planning and whether or not it was an impulsive act. The courts will adopt a more severe approach and inflict more severe penalties where the offense occurred over an extended period.
- Violation Of Trust
A breach of trust is a common component of fraudulent acts. The culprit has betrayed the trust that the victim imposed on them. The degree of punishment meted out by the courts depends on how serious the violation of trust was and also how your Fraud lawyer represent your case.
Wrapping Up
The type of sentence someone can expect depends on various factors when it comes to fraud offenses. It also depends on the specific laws in the jurisdiction where the offense occurred.
Sentences can range from fines and probation to imprisonment particularly for more serious cases of fraud. Individuals must seek legal counsel from fraud attorney and fully understand the potential consequences of fraud offenses in their specific circumstances.
