Fraud

What is
Fraud?

In New South Wales, a fraud offence refers to any dishonest conduct intended to gain a financial advantage, cause financial loss, or obtain property or services through deception. Fraud can take many forms and is broadly prosecuted under Section 192E of the Crimes Act 1900 (NSW).

A person is guilty of fraud if they:

  • “by deception, dishonestly obtain property belonging to another, or obtain any financial advantage or cause any financial disadvantage.”

To be found guilty, the prosecution must prove:

  1. The person acted dishonestly;

  2. There was deception (by words or conduct); and

  3. The person obtained a benefit, caused a loss, or intended to do so.

Fraud offences can often be accompanied by or linked to aggravated or related offences, which can significantly increase the seriousness of the charges. These may include forgery, where false documents are created or used to deceive; embezzlement, which involves misappropriating funds entrusted to someone in a position of responsibility; and dishonest use of a position, commonly referred to as corporate fraud, where individuals abuse their professional role for personal gain. Another related offence is dealing with the proceeds of crime, which occurs when someone knowingly handles or benefits from money or property obtained through illegal activity. These offences are prosecuted under various sections of the Crimes Act 1900 (NSW) and often attract harsher penalties due to the level of planning, breach of trust, and financial harm involved.

The Penalties of
Fraud

The penalties for fraud offences vary depending on the nature, scale, and complexity of the offending conduct. The main offence is found under Section 192E of the Crimes Act 1900 (NSW), which covers general fraud involving dishonest conduct and deception for financial or property gain. The maximum penalty for General Fraud (s 192E) is:

  • 10 years imprisonment

Several key factors can influence the severity of the sentence imposed for a fraud offence in NSW. One major consideration is the amount of money or value of the property involved—larger financial losses typically attract harsher penalties. Courts also assess whether the fraud was sophisticated or premeditated, particularly if it involved elaborate planning or deception over a prolonged period. An abuse of a position of trust or authority, such as by an accountant, employee, or public official, is considered an aggravating factor due to the betrayal of confidence. Additionally, individuals with a history of similar offending or relevant criminal records may face more serious outcomes. Finally, the impact on the victim—including both financial loss and emotional distress—is taken into account when determining the appropriate penalty.

The Possible
Defence Strategies

Defending a fraud charge in New South Wales requires careful analysis of the evidence and the accused’s intent. Under Section 192E of the Crimes Act 1900 (NSW), the prosecution must prove that the accused acted dishonestly, used deception, and obtained a financial advantage or caused a financial loss. If any of these elements cannot be proven beyond reasonable doubt, the charge may be dismissed. The possible defence strategies may include:

Lack of Dishonest Intent

The defence may argue that the accused did not act dishonestly, or that they believed they had a legal right to the property or benefit obtained. This is particularly relevant where the accused had authority to access the funds or assets.

No Deception Occurred

If the prosecution cannot prove that the accused used false or misleading information, the charge may not stand. Mere failure or miscommunication is not sufficient to prove fraud.

Mistaken Identity

In cases involving online fraud, forged documents, or financial transactions, the defence may argue that someone else committed the offence, especially where there is limited direct evidence linking the accused to the fraud.

Lack of Financial Advantage or Loss

If there is no evidence that the accused gained a financial benefit or that someone else suffered a financial loss, the prosecution may not be able to prove the offence.

Duress or Coercion

If the accused was forced or pressured into committing the offence by another person under threat of harm, the defence may raise duress to avoid liability.

Mental Health Defence

  • Argues the accused was suffering from a mental illness at the time of the offence and did not understand the nature or wrongfulness of their actions.

  • May result in a special verdict of not guilty by reason of mental illness and diversion to a mental health facility.

Choosing Sydney Defenders to represent you in a break and enter matter ensures you receive the highest level of legal expertise, discretion, and strategic defence. Our firm understands the immense pressure clients face in these circumstances and provide strong, confidential support from the outset. Because fraud cases often involve large volumes of financial documents, digital evidence, and complex transactions, it is essential to have an experienced criminal defence team to examine the prosecution’s case, challenge the evidence, and build a strategic defence tailored to the facts of the matter. Our robust legal team conducts meticulous case preparation, critically analyses the prosecution’s evidence, and develops tailored defence strategies designed to maximise the individual’s chances of acquittal or sentence reduction.