Fraud is defined as the act of dishonestly obtaining the property of another person, or a financial advantage, by way an act of deception. This is a simple and straightforward definition and obviously encompasses a wide range of potential acts.
Fraud & Crimes of Dishonesty Legal Advice Sydney
Some more specific fraud offences include medicare fraud, centrelink fraud and tax fraud.
Fraud takes many forms. Given the deceptive nature of the offence, fraud trials can be complex. Fraud cases often require the hearing of lengthy and detailed evidence, often dating back many years, if not decades. As such, it is vital you instruct a solicitor who is an expert in the field.
Sentences for Fraud in New South Wales
The maximum penalty which follows a conviction for fraud in the District Court is 10 years in prison, if the value of the fraud is over $5,000. For cases which are heard in the Local Court, the maximum penalty is up to 2 years in prison.
When sentencing a person convicted of fraud, the court will take into account a range of factors, including the value of the fraud, the length of time over which the offence was committed, the perpetrators motive, whether or not a breach of trust is involved, the impact on the victim, the degree of forethought and planning (including repetition) and whether or not the loss is irretrievable. If the perpetrator demonstrates remorse or attempts to make good the loss then the court will take that into account.
Defences to a charge of fraud
There are defences available to a person accused of fraud. These include duress and necessity. If you have been charged with fraud, contact us now.
Fraud Solicitors Sydney – Szabo & associates
If you have been charged with fraud, contact our solicitors today on 02 9281 5088 or book a consultation.