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    Dishonestly Obtain Financial Advantage or Property by Deception

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      Dishonestly Obtain Financial Advantage or Property by Deception

      Our specialist fraud lawyers have years of experience in fighting dishonestly obtain financial advantage or property by deception charges and having our clients found ‘not guilty’. We also specialise in getting charges withdrawn at an early stage whenever possible. See our recent results for fraud charges.

      We understand that fraud charges can have long-lasting consequences. Often a criminal conviction for a fraud charge will make you unemployable in many industries.

      Speak to our Law Society accredited specialist criminal lawyer now to obtain advice on the best way to prepare your case.



        What is Fraud?

        The definition if fraud is an act of dishonesty that causes a financial advantage or disadvantage.

        Fraud in New South Wales falls under the charge of ‘Obtaining financial advantage or property by deception’ pursuant to Section 192E of the Crimes Act 1900 (NSW).


        How Do You Beat a Fraud Charge?

        You can fight fraud charges in two ways. Firstly, the prosecution must prove beyond reasonable doubt:

        1. You received property or a financial advantage, OR
        2. You caused a financial loss, AND
        3. The gain or loss was caused by your actions, AND
        4. Those actions were dishonest

        If any of these elements are not made out, then you can be found ‘not guilty’.

        Secondly, you can rely on one of the defences.


        What is Dishonesty?

        Dishonesty is to be assessed according to standards of ordinary people and requires you to know your actions to be dishonest according to those standards.

        You will be found not guilty if police are unable to prove any one of the above elements to this charge.


        What are the Defences to Fraud?

        The following defences can be used to be found ‘not guilty’ to a fraud charge:

        1. Causation: Your dishonest actions must be the main cause of the gain or loss. If this cannot be proved beyond reasonable doubt, you will be found ‘not guilty’
        2. Claim of right: You were entitled to the property or financial advantage
        3. Duress: You were forced to commit the fraud;
        4. Necessity: Your actins were necessary in the circumstances.
        5. Mental illness defence: Some conditions (such as Bipolar) may give you delusions of grandiosity and cause you to commit fraud. At the time of the offending, if you do not appreciate the moral wrongfulness of your actions, you may be able to defend the charge.


        We have some of Australia’s best criminal lawyers for fraud charges who have secured numerous ‘not guilty’ verdicts for our clients and had fraud charges withdrawn.

        Contact us now to begin preparing your case.


        If you decide to plead guilty, our guide on pleading guilty to fraud offences will provide you some assistance in preparing for sentencing. Please note that this guide is a non-exhaustive list and not specifically tailored to your case.

        Contact us now to speak to our accredited specialist in criminal law.


        What is the Penalty for Fraud?

        The maximum penalty for dishonestly obtain financial advantage or property by deception is 10 years imprisonment when heard in the District Court.

        The maximum penalty in the Local Court is 2 years imprisonment.


        What Are the Sentencing Options for Fraud?

        Below are possible sentences you can receive:

        1. Section 10 dismissal
        2. Conditional Release Order without Conviction (previously known as Section 10 good behaviour bond)
        3. Fine
        4. Conditional Release Order with Conviction (previously known as Section 9 good behaviour bond)
        5. Community Corrections Order (previously known as Community Service Order)
        6. Intensive Corrections Order
        7. Full Time Imprisonment


        See below for likely penalties.


        Will You Go to Jail for Fraud?

        Looking at statistics for fraud offences since 2018, 32% of persons found guilty of this offence were sentenced to some kind of imprisonment. 16% of persons were sentenced to full-time imprisonment. Only 10% of person received no conviction for fraud.

        Jail is a real possibility and avoiding a conviction is not easy. Fraud is taken extremely seriously by the Courts. Having the right lawyer makes all the difference in the ultimate penalty you will receive.

        Contact us now to speak to Australia’s best fraud lawyers.


      How much jail time can you get for fraud?

      The maximum penalty for Fraud is:

      – 10 years imprisonment when heard in the District Court;

      – 2 years imprisonment when heard in the Local Court.


      Will I Get a Criminal Conviction for Fraud?

      If you are found guilty, there is a high likelihood that you will receive a criminal conviction for fraud. This may have consequences for your work and travel. Many industries require a criminal history check before employing someone. Any offence of dishonesty will generally exclude them from employment.

      Contact us now to speak to one of our senior fraud solicitors to discuss ways that you can avoid a criminal conviction. We have had numerous cases where clients have pleaded guilty to fraud charges but still avoided a criminal record.

      Ask a question now!