Charged with Fraud in Queensland? The basics.

Have you been charged with fraud in Queensland?  Fraud is a serious offence and, if convicted, may come with dire charges.

In Queensland, fraud is behaviour deemed deceptive or corrupt that causes, or is likely to cause, harm to the victim.

The offence is governed under section 408C of the Criminal Code Act 1899.

In this article, your rights, and possible charges regarding the offence of fraud will be outlined.

Charged with fraud in Queensland? Be referred to the best criminal lawyers on the Sunshine Coast

What is Fraud in Queensland?

Section 408C of the criminal code establishes and explains the offence of fraud. It states that:

“A person who dishonestly—

1. applies to his or her own use or to the use of any person—
2. property belonging to another; or
3. property belonging to the person, or which is in the person’s possession, either solely or jointly with another person, subject to a trust, direction, or condition or on account of any other person; or
4. obtains property from any person; or
5. induces any person to deliver property to any person; or
6. gains a benefit or advantage, pecuniary or otherwise, for any person; or
7. causes a detriment, pecuniary or otherwise, to any person; or
8. induces any person to do any act which the person is lawfully entitled to abstain from doing; or
9. induces any person to abstain from doing any act which that person is lawfully entitled to do; or
10. makes off, knowing that payment on the spot is required or expected for any property lawfully supplied or returned or for any service lawfully provided, without having paid and with intent to avoid payment;

commits the crime of fraud.”

What the Prosecution Must Prove

In order for an individual to be rightfully convicted after being charged with fraud in Queensland, a prosecution team must make several factors evident without reasonable doubt. They must prove:

1. The property belonged to someone other than themselves;
2. Dishonesty was present in the ordeal;
3. Consent of the victim to commit the accused act was not provided;
4. They are an individual liable for conviction or legally responsible for their actions.

Defences if Charged with Fraud in Qld

There are a number of ways to defend yourself, or for a lawyer to defend you, if you have been charged with fraud in Queensland.  These include:

1. Mistaken Identity
2. Intent
3. Consent

Mistaken Identity

Possibly the most obvious offence against fraud is that the prosecution simply accused the wrong individual of the offence.

The recent increase in utilising the internet for personal financial use and sharing of information has led to a rise in online fraudulent activity.

The large number of internet users can lead to the police accusing the wrong individual of the offence when, in fact, it was actually someone else.

If the accused is not guilty of the crime, their lawyer will likely use this as a sole defence to have charges dropped and prove innocence.

Intent

Another defence to a charge of fraud may be, as with most offences, a lack of intent to commit the act of fraud.

As aforementioned, the prosecution must prove that you willingly and knowingly committed the crime, further for reasons of personal gain.

If one did not intentionally commit an act of fraudulence, they may use this as a defence in court.

Consent

Along with a majority of fraudulence-based crimes, an individual must have not had the consent of the victim to do whatever activity they are accused of.

If the defence can prove permission was given by the “victim” to act as they did, they will not be found guilty of fraud.

Penalty if Charged with Fraud in Queensland

The penalty applied to an individual if found guilty of fraud will be decided by a court based on a variety of factors specific to the matter.

A judge will likely take into account details of the guilty, especially the presence, or lack thereof, of criminal history.

A judge will further likely take said criminal history into further consideration if it is made evident they have committed acts of similar fraud in the past.

A conviction will more than likely be recorded, regardless of the severity of the charge. However, first-time offenders will also be likely to receive a lesser sentence or charge than those with a history of the crime, possibly receiving a fine or community service order.

The court will also likely take into consideration your motivations for the crime.

Those who commit fraudulent acts for the purpose of personal gain or greed may receive harsher sentencing.

However, those who commit similar acts in desperation or to support an addiction may receive a lesser sentence.

The general maximum sentence for fraud is 5 years imprisonment, however, factors of the matter, such as acts of aggravation, may lead to an increased sentence.

Charged with fraud in Queensland? Be referred to the best criminal lawyers on the Sunshine Coast

Aggravated Fraud in Queensland

Aggravated fraud is a further level of fraud, and an offender will be liable for a maximum sentence of 14 years imprisonment. As stated by subsection 2 of section 408C of the Criminal Code Act 1899:

“The offender is liable to imprisonment for 14 years if, for an offence against subsection (1) –

1. the offender is a director or officer of a corporation, and the victim is the corporation; or

2. the offender is an employee of the victim; or

3. any property in relation to which the offence is committed came into the possession or control of the offender subject to a trust, direction, or condition that it should be applied to any purpose or be paid to any person specified in the terms of trust, direction or condition or came into the offender’s possession on account of any other person; or

4. the property, or the yield to the offender from the dishonesty, or the detriment caused, is of a value of at least $30,000 but less than $100,000; or

5. the offender is or was an employer of the victim.”

What is Dishonesty

As stated by the law, dishonesty is a significant factor in one being found guilty after being charged with fraud. So, what is dishonesty in law?

Dishonesty is generally defined as the intentional deception of a victim, usually to support personal gain. It is a form of crime taken extremely seriously by the court and must be proved in order for one to be convicted of fraud.

Key Takeaways 

Fraud is a serious offence, so if you find yourself accused it is important you are aware of your rights and the possible outcomes of your matter. It is recommended you seek legal assistance, as you may be faced with a criminal record, fines, community service, or imprisonment.

Charged with fraud in Queensland? Be referred to the best criminal lawyers on the Sunshine Coast