What should you do if you are accused of Fraud?
If you have been accused of fraud, you must get advice from an expert fraud lawyer. Getting advice from an expert will help place you in the best position possible to get the best result. Our Brisbane criminal lawyers act for clients charged with a variety of frauds. Frauds can include simple pawn store frauds, Centrelink frauds and sophisticated fraud schemes. If you are charged with fraud, you need a lawyer who will closely look at the evidence. Our criminal lawyers examine the evidence closely. They seek to exclude evidence where possible. Even if the prosecution can prove a fraud, there is often room for negotiation.
What is Fraud in Brisbane?
Fraud is a crime under s408C of the Queensland Criminal Code. A person will commit fraud if they “dishonestly” do various things. The focus is on the word “dishonestly”. The prosecution must prove what the person did was dishonest by the standards of ordinary honest people.
The following things will constitute fraud if the person does it dishonestly:
- Applies property belonging to another (this includes a person, a company or any legal entity) to their own use.
- Applies property belonging to them, or which is in the their possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person.
- obtains property from any person
- induces any person to deliver property to any person; or
- gains a benefit or advantage, pecuniary or otherwise, for any person; or causes a detriment, pecuniary or otherwise, to any person; or
- induces any person to do any act which the person is lawfully entitled to abstain from doing; or induces any person to abstain from doing any act which that person is lawfully entitled to do; or
- 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;
What is the sentence for Fraud?
The maximum penalty in Brisbane for a fraud ranges from 5 years to 20 years imprisonment.
The offender is liable to imprisonment for 14 years if, for an
offence against subsection (1)—
(a) the offender is a director or officer of a corporation, and
the victim is the corporation; or
(b) the offender is an employee of the victim; or
(c) 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
When will the maximum sentence increase for a fraud in Brisbane?
The maximum penalty for a fraud in Brisbane will increase to 14 years imprisonment in the following situations: –
- The offender is a Director or officer of a corporation and the victim is the corporation.
- The offender is an employee of the victim.
- The property subject of the fraud came into the possession or control of the offender subject to a trust, direction or condition that itshould 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
- the property, or the yield to the offender from the dishonesty, or the detriment caused, is of a value of $30,000 or more, but less than $100,000.
The maximum penalty for a fraud in Brisbane will increase to 20 years imprisonment in the following situations: –
- the property, or the yield to the offender from the dishonesty, or the detriment caused, is of a value of $100,000 or more; or
- the offender carries on the business of committing the fraud.
Facing a fraud charge? Contact our Brisbane Criminal Lawyers today, we are here to protect your future.
If you need help with a
fraud charge, contact
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(07) 3153 6215