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Section 192E Crimes Act 1900(NSW) deals with the offence of fraud. It states that a person who, by any deception:
is guilty of the offence of fraud.
Deception means any deception, by words or other conduct, as to fact or as to 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.
(2) A person does not commit an offence under this Part by a deception was intentional or reckless
A person obtains property if:
(a) the person obtains ownership, possession or control of the property for himself or herself or for another person, or
(b) the person enables ownership, possession or control of the property to be retained by himself or herself or by another person, or
(c) the person induces a third person to do something that results in the person or another person obtaining or retaining ownership, possession or control of the property.
Obtain a financial advantage includes:
(a) obtain a financial advantage for oneself or for another person, and
(b) induce a third person to do something that results in oneself or another person obtaining a financial advantage, and
(c) keep a financial advantage that one has,
whether the financial advantage is permanent or temporary. Cause a financial disadvantage means:
(a) cause a financial disadvantage to another person, or
(b) induce a third person to do something that results in another person suffering a financial disadvantage,
whether the financial disadvantage is permanent or temporary.
The Court will make a decision on whether the actions were deceptive or dishonest by using the standard of an ordinary person. That is, the court will consider if an ordinary person would have found the conduct of the accused to be dishonest, and whether the accused knew or should have known that their conduct was dishonest according to the standards of an ordinary person.
If you have been charged with the criminal offence of fraud, you are innocent until proven guilty beyond reasonable doubt. The jury will review all available evidence and circumstances of the case and make a determination that you have been guilty of an offence. This concept was discussed by their Honour of Dixon CJ in Plomp v The Queen [1963] HCA 44; (1963) 110 CLR 234 at 242 where he said:
“All the circumstances of the case must be weighed in judging whether there is evidence upon which a jury may reasonably be satisfied beyond reasonable doubt of the commission of the crime charged”.
The maximum penalty prescribed for fraud is 10 years imprisonment.
Fraud falls under Schedule 1 of Table 1 of the Criminal Procedure Act 1986 (NSW), where both the prosecution and the accused have the power to elect on summary or indictment process. When the offence is tried summarily, it is heard in the Local Court before a Magistrate, however, when the prosecution elects to proceed non indictment the matter is heard in the District Court.
The offence of fraud is a serious one, an accusation of which can have a lasting and dreadful impact on anyone. Handling such an accusation requires expertise and in-depth knowledge of criminal law. We at Pannu Lawyers have such required expertise and in-depth understanding of criminal law.
The crime of fraud is dealt with seriously by the courts with a possibility of imprisonment up to 10 years. However, we, at Pannu Lawyers, were able to successfully help one of our clients accused of fraud to the tune of $60,000 get a Conditional Release Order instead of imprisonment. Our team of experts were able to effectively convince the Court that our client was unlikely to present a risk to the community at large by gathering and producing necessary evidence. Expert advice and strategy are key to success in a Criminal trial and our team of expert lawyers have a proven track record in the same.
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