Intention to defraud by false or misleading statement

Offence title:

Intention to defraud by false or misleading statement

Act:

192G Crimes Act (NSW)

Offence:

(1)   A person who dishonestly makes or publishes, or concurs in making or publishing, any statement (whether or not in writing) that is false or misleading in a material particular with the intention of—

(a)   obtaining property belonging to another, or

(b)   obtaining a financial advantage or causing a financial disadvantage,

is guilty of an offence.

Penalty:

Imprisonment for 5 years

Summary/Indictable/mixed:

Mixed

Jurisdiction:

Local, District or Supreme Court

How committed:

·       Published false documents to raise capital for investment;

·       Forged a letter of credit from a bank to obtain stock for a business;

·       Forged a resume purporting skills you did not have.

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.