Types of Frauds and associated Penalties
Fraud offences fall into the categories of general fraud, identity fraud and forgery.
These offences are covered under Pts 4AA, 4AB and 5 of the Crimes Act 1900.
General Fraud (Pt 4AA)
| Offence | Max Penalty (Yrs) |
|---|
| Obtain property belonging to another by deception | 10 |
| Obtain financial advantage or cause financial advantage by deception | 10 |
| Intention to defraud by destroying or concealing accounting records | 5 |
| Intention to defraud by false or misleading statement | 5 |
| Intention to deceive members or creditors by false or misleading statement of officer of organisation | 7 |
Identity Fraud (Pt 4AB)
| Offence | Max Penalty (Yrs) |
|---|
| Deal with identification information with intent to commit or facilitate indictable offence | 10 |
| Possess identification information with intent to commit or facilitate indictable offence | 7 |
| Possess equipment to make identification document or thing with intent to commit or facilitate indictable offence | 3 |
Forgery (Pt 5)
| Offence | Max Penalty (Yrs) |
|---|
| Make false document | 10 |
| Use false document | 10 |
| Possess false document | 10 |
| Make or possess equipment for making false document with intent to commit forgery | 10 |
How serious is the fraud offence?
The courts consider a number of factors that bear generally upon the objective seriousness of a given fraud offence:
The amount of money involved: this indicates the extent to which the person is willing to be dishonest and flout the law to advance their own purposes.
The length of time over which the offences are committed: this can also be relevant to indicate the degree of planning and to show that it was not an impulsive offence.
The motive for the crime: for example, was the fraud based on greed or for some other need such as to pay family medical bills? If the fraud is based on greed the sentence imposed will likely be more severe, however the fact an offence is committed for a motive other than personal greed is not to be considered a matter of mitigation.
The degree of planning and sophistication: if the offence was part of a planned or organised activity, this is an aggravating factor to be taken into account under s 21A(2)(n) Crimes (Sentencing Procedure) Act 1999
An accompanying breach of trust: a breach of trust typically refers to a situation where the victim of the offence has imposed that trust, such as an employer defrauded by an employee. A breach of trust is considered an aggravating factor to be taken into account under s 21A(2)(k) Crimes (Sentencing Procedure) Act 1999
Corporate and International Fraud
We have vast experience in complex fraud and white collar crime cases, which increasingly have an international component. Our lawyers have expert knowledge regarding the operation of agencies that investigate these types of fraud, and we have worked on international cases involving the USA, Hong Kong, Singapore, China, Cambodia, Cyprus, Russia, New Zealand, South Korea, and Europe, where there has been an Australian connection.
How can Nyman Gibson Miralis assist you?
Our defence lawyers have the expertise to assist you with all types of fraud charges. We attend all courts throughout NSW, and can be contacted 24/7 on 1300 668 484.
