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In very broad terms, deception offences encompass offences relating to fraud. There are a number of offences under both State law and Federal law. The key to a charge for a deception offence (fraud offence) is the existence of an intention of deceit or dishonesty in obtaining a benefit. The benefit may be financial or non-financial. An example of a financial benefit may be to avoid the payment of a debt and an example of a non-financial benefit may involve committing an act of dishonesty to avoid losing a licence. Our Criminal Lawyers have a range of experiences in deception offences and fraud offences.

Examples of Deception Offences

Both State and Federal deception offences exist. For each offence, there are a number of elements that need to be proved for the offence to be made out. In broad terms, under the legislation, the definition of deception is as follows:

  1. Any deception by words or other conduct as to fact or law;
  2. Conduct by a person that causes a computer, machine or any other electronic device to make a response that the person is not authorised to make; and
  3. The deception was committed intentionally or recklessly.

Some examples of deception offences include:

  • Obtaining property belonging to another;
  • Obtaining financial advantage or causing another to suffer financial disadvantage;
  • Intention to defraud by destroying or concealing accounting records;
  • Intention to defraud by false or misleading statement; and
  • Intention to deceive members or creditors by false or misleading statement of officer of organisation.

The mere fact that you have been charged with a deception offence does not mean that you are guilty of the offence. The elements of the relevant offence must be proved.

Sentencing

There are severe penalties for deception offences with, in some cases, maximum penalties of five (5) and ten (10) years imprisonment available. However, the legislation provides for a number of mitigating factors when considering the sentencing options for the defendant.

Some mitigating factors include:

  • Absence of criminal record and prior good character: this refers to the criminal history of the defendant. However, where the offender has been appointed to a position of trust because of his or her good character, and it is abused, prior good character will be given less weight;
  • Remorse demonstrated by making reparation of loss: this will apply where the defendant is regretful or shows remorse for his or her actions. For instance, in a case of deception to gain financial advantage, if the defendant has repaid part or most of the money gained as a result of the dishonest act, this will usually be taken into consideration by the Court as showing remorse or contrition.
  • Guilty plea: the length and complexity of a trial for deception or fraud is an important consideration for the Court. Therefore a plea of guilty, especially for white collar crimes, acts as a significant mitigating factor for sentence; and
  • Hardship to third parties: this is a factor that will only be taken into account in exceptional circumstances. For example, in a case where the offenders are sole carers of an eighteen (18) month old child and a three (3) year old child, the offenders might wish to make a submission that they be sentenced to home detention, due to the exceptional circumstances.

Our Criminal Lawyers are highly trained and experienced in deception offences and fraud offences. If you wish to speak to a fraud lawyer now, please contact our firm on (02) 9233 4048 or send an email to info@navado.com.au to book a consultation today.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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