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(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.