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Fraud

Offence title:

 

Fraud

Act:

 

192E Crimes Act (NSW)

Offence:

(1)   A person who, by deception [trick], dishonestly

(a)   Obtains property belonging to another, or

(b)   Obtains a financial advantage or causes financial disadvantage,

Is guilty of fraud.

Penalty:

 

Imprisonment for 10 years

Summary/Indictable/mixed:

 

Mixed

Jurisdiction:

 

Local, District or Supreme Court

How committed:

 

·       Using a credit card that you have no right to; or

·       Changing invoice details so the money is paid to you; or

·       Sending fake emails to cause a person to deposit money to a third party who is not entitled to it.

Important note:

·       Dishonesty can be present even if there is a willingness to pay;

·       A single count of fraud can encompass a number of transactions;

·       If charged with fraud, but it becomes evident larceny (stealing) is appropriate a person may be convicted of larceny instead and vice versa.

·       To be guilty there must be an intent to permanently deprive the owner.

·       Property belongs to someone if they have possession or control of it, or a proprietary right or interest in it. It can include property in a trust and ownership can be those who have a right to enforce the trust.

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