Fraud Lawyer Central Coast
What are Fraud offences?
Fraud is a serious criminal offence that occurs when a person dishonestly acquires someone else’s property, obtains some kind of financial advantage or cause he’s someone any kind of financial disadvantage by deceiving another person.
The maximum penalty for a general fraud offence is 10 years’ imprisonment.
What Does the Law Say?
Under s 192E of the Crimes Act 1900 NSW
- A person who, by deception, dishonestly
A. obtains property belonging to someone else or
B. obtains a financial advantage or causes a financial disadvantage, is guilty of fraud.
Is guilty of an offence of fraud whereby the maximum penalty for this offence is 10 years imprisonment.
There is a statutory alternative for this offence of larceny, which means that you could be found guilty of larceny instead if the police are unable to prove Fraud.
Intention to Defraud By FalsE or Misleading Statement
In NSW, intention to defraud by false or misleading statement is a serious offence that attracts a maximum penalty of five (5) years imprisonment.
The offence of ‘intention to defraud by false or misleading statement” is set out in section 192G of the Crimes Act 1900 which states:
“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.”
Commonwealth Centrelink Fraud
What is Centrelink Fraud?
Centrelink fraud is a common offence prosecuted by the courts. You can be charged with Centrelink fraud for failing to declare earnings from employment, submitting false documents, exaggerating a medical condition and over-claiming benefits.
For advice on how best to proceed with your case, your options and possible outcomes, contact us today. We’ll explain the process and what you can you expect to happen.
What Does the Legislation Say?
Under s 134.2 of the Criminal Code Act, you will be guilty of the offence of obtaining a financial advantage by deception if the Commonwealth DPP can prove each of the following elements:
- You did something deceptive, for example, you provided false information to Centrelink; and
- That deception resulted in you obtaining a financial advantage; and
- The financial advantage was taken from a Commonwealth entity, in this case- Centrelink; and
- The deception was dishonest in accordance with the standards of ordinary people; and
- At the time, you were aware that by engaging in that deceptive conduct, there was a substantial risk of receiving a financial advantage and that it was inexcusable to take that risk.
Statute further purports under s 135.2 of the Criminal Code Act that an individual will be found guilty of the offence when the Commonwealth DPP can prove the following elements:
- You did something that caused you to receive a financial advantage; and
- You knew that you were not eligible to receive that financial advantage; and
- The financial advantage was taken from a Commonwealth entity, in this case, Centrelink.
This content is intended to provide a general guide to the subject matter. Specialist advice from our Legal team should be sought about your specific circumstances. Please do not hesitate to call us today.