Obtain a Benefit by Deception
What is Fraud?
Fraud is the common term for the charge of Obtaining a Benefit by Deception.
Fraud offences are treated very seriously by the Courts, and resulting penalties can be severe with further implications on a person’s freedom and ability to obtain future loans, credits, or even employment.
Fraud & The Law
The offence of Fraud is covered under Section 192E of the Crimes Act 1900.
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused committed an act intentionally or recklessly; and
That act was done through deception and with dishonesty; and
The accused obtained an item or asset which belonged to another; or
The accused obtained a financial advantage; or
The accused caused another party a financial disadvantage;
The accused intended to deprive the real owner of the property for an indefinite or permanent basis, meaning they had no intention of returning it.
Going to Court – “What am I looking at?”
If you have been charged with Fraud, you will have to go before the Court, and if convicted, you will receive a criminal record, and potential further implications such as community service or time in custody.
The penalties for Fraud can be severe, with a maximum penalty of two years imprisonment in the Local Court, and a maximum penalty of 10 years imprisonment in the District Court. At Lawyer Call, we consider each matter on its own merit, however, our experienced lawyers have in the past been able to persuade the Court not to record a conviction and have the matter dismissed and dealt with by way of a Conditional Release Order.
Lawyer Call – Help is just a click away..
At Lawyer Call, we understand that if you or a loved one has been charged with Fraud, you may be feeling anxious and worried about what will happen next.
Contact our office today, and rest assured you are in experienced and capable hands, working with expert lawyers with a proven track record of great results, having successfully defended countless cases of Fraud even in those circumstances where the Police evidence looked overwhelming and the Prosecution appeared to have a strong case.
We also understand the intricacies of conducting powerful pleas before a Magistrate, where should you wish to plead guilty, our lawyers have an impeccable strike rate of lessening the seriousness .
Our philosophy at Lawyer Call Criminal Defence is to ensure that Court is able to take into account the entire overall picture of the person and their circumstances, rather than the offence committed alone. Such factors greatly help to mitigate or reduce the penalty given by the Courts, and an expert Defence Lawyer should present these strongly before a Magistrate or Judge.
With respect to the offence of Fraud, our lawyers would be conferencing and touching upon such important factors as:
The length of time during which the offence took place
The amount of money or value of the item
Whether the operation involved a high degree of planning, or whether the enterprise was unsophisticated
Whether the item or loss caused can be retrieved
We would also seek to highlight a client’s remorse for the offence committed through supporting character references, acknowledging letters of support and apology, and showing the Court if any restitution payments have already been made.
At every stage of this process, our lawyers will provide useful legal advice, strong representation in Court, masterful negotiation skills with Police and continuous personal support for you and your family throughout this trying time.
Our Online Legal Conferencing Service, together with our dedicated correspondence and face to face consultations are just only some of the reasons Lawyer Call is the Fraud Allegations Defence Team you want on your side.
Call us today and together we will put up the right fight.