Fraud offences come with tough sentences in QLD, with many cases facing up to 12 years imprisonment. The sentencing for fraud offences depends on the specific case and the defendant's history, including previous convictions and the purpose of the fraud. With the help of a defence lawyer, you can reduce or clear these charges, but you first need to understand what counts as fraud and how the charges are calculated. Let us show you more below.
Fraud offences - what counts as fraud in QLD?
Fraud is a broad term with many offences sitting under it. In Queensland, fraud sits under section 408C of the Criminal Code Act 1899, stating that a person who acts dishonestly:
- Applies to his or her own use or to the use of any person
- Property belonging to another
- 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
- Obtains property from any person
- Induces any person to deliver property to any person
- Gains a benefit or advantage, pecuniary or otherwise, for any person
- Causes a determinant to any person
- Induces any person to abstain from doing an act they are lawfully entitled to do
- Makes ff, knowing that payment on the spot is required or expected for any property supplied or returned or for any service lawfully provided
Any of these situations count as committing fraud, with property referring to money and non-physical things like credit arrangements or a release of an obligation.
Charges for fraud offences
The charges for fraud offences vary depending on the type of fraud you are charged with. You can face up to 12 years imprisonment and hefty fines of $30,000, depending on the severity of your fraud. Fraud charges are typically levied as fraud simpliciter and aggravated fraud charges. Both of these charges are detailed below:
Fraud simpliciter charges
Fraud simpliciter, often referred to as fraud, is charged when a person engages in one or more of the types of fraud listed above. You can face a maximum of five years imprisonment if found guilty of fraud.
The charge for fraud does vary depending on your criminal history, the type of fraud, and the amount of money or property you have defrauded. For first offenders whose fraud is small and not connected to sophisticated dishonesty, you could be charged with a probation order or community service. No matter the severity of the fraud, criminal records will be updated to show fraud charges.
Repeat offenders and those who engage in sophisticated fraud schemes can face serious charges, and it is likely you will spend some time in prison. When fraud is committed to support addiction or for other reasons not based on greed, your lawyer might be able to negotiate a lesser penalty, providing you with an opportunity to address the cause of your crime.
Aggravated fraud charges
Aggravated fraud is charged when a director, trustee, or employee commits fraud against the corporation they are a director, trustee of, or employed by. Fraud can also be charged as aggravated fraud when the value of the property defrauded exceeds $30,000. The penalty for aggravated fraud is more severe, and you could face up to 12 years imprisonment.
The charge for aggravated fraud varies depending on your criminal history, the sophistication of the fraud, and the amount of money or property defrauded. Regardless of the details of your crime, if you are charged with aggravated fraud, you can expect a prison sentence. First offenders will usually see less time in prison, while repeat offenders typically spend longer incarcerated.
Fraud charge defences
Defence lawyers can work with you to fight your fraud charges, reducing your sentence or clearing the charges. Your lawyer will need to work to prove that the fraud was not committed, proving that you had a genuine and honest claim of right over the property you are accused of charging. They might also defend your actions, claiming that they were not dishonest.
The defence strategy your lawyer uses will vary depending on the charges levied and the specific details of your case. To ensure the right strategy is used, you will want to provide them with as much information as possible.
Find your fraud defence lawyer today
Fighting fraud charges should be done with a competent defence lawyer who can help you achieve the best outcome. Donnelly Law Group has some of the best lawyers to make this possible, with years of experience in reducing charges and getting the best outcome for their clients. Donnelly Law Group are respected fraud lawyers servicing Brisbane & The Gold Coast and will help you understand the charges and work towards the right outcome for you.
