Intention to Defraud by False or Misleading Statement

Best Intention to Defraud by False or Misleading Statement Lawyers

A charge of ‘Intention to defraud by false or misleading statement’ can upend your life.

Our specialist fraud lawyers have successfully defended numerous fraud charges over the years. We focus on determining whether any defences are open to you and in appropriate situations, negotiate with police to have the charge withdrawn. See our recent results for corporate crime.

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

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is ‘Intention to Defraud by False or Misleading Statement’?

  Section 192G of the Crimes Act 1900 (NSW) sets out that if you make a false or misleading statement with the intention of obtaining a financial advantage or causing a disadvantage, you can be guilty of an offence.

   

  How Do You Beat an ‘Intention to Defraud by False or Misleading Statement’ Charge?

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

  1. You made a statement; and
  2. The statement is false or misleading; and
  3. Your actions in making the statement were dishonest; and
  4. You had the intent to:
     1. obtain property belonging to another; OR
     2. obtain a financial advantage or cause a financial disadvantage

   

  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 are the Defences to ‘Intent to Defraud by False or Misleading Statement’?

  You will have a defence to Intention to Defraud by False or Misleading Statement under the following circumstances:

  1. Honest and reasonable mistake: You genuinely believed, and that belief was reasonable, that the statement was not false or misleading
  2. The prosecution cannot prove that you made the statement;
  3. The statement not false or misleading
  4. Necessity: Your actions were necessary in the circumstances
  5. Duress: You were forced to publish the statement

   

  Our specialist corporate crime lawyers have years of experience and can analyse your case to determine if any defences are open.

  Contact us now to speak to one of our specialist ASIC lawyers.

• PLEADING GUILTY

  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 so that our accredited specialist in criminal law can provide you advice tailored to your case and represent you in Court.

   

  What is the Maximum Penalty for ‘Intention to Defraud by False or Misleading Statement’?

  The maximum penalty for ‘Intention to defraud by false or misleading statement’ is 5 years imprisonment for heard in the District Court.

  If heard in the Local Court, the maximum penalty is only 2 years imprisonment.

   

  What are the Possible Sentences for ‘Intent to Defraud by False or Misleading Statement’?

  Below are possible sentencing options for Intention to Defraud by False or Misleading Statement:

  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 ‘Intention to Defraud by False or Misleading Statement’?

  Looking at statistics since 2018, 100% of persons found guilty of this offence were sentenced to full-time imprisonment.

  That statistic makes for dire reading. As such, you should speak to Australia’s best white-collar crime lawyers for the best defence possible.