If you have fraud charges pending, you could be looking at a maximum penalty of five years imprisonment. This penalty increases to a maximum of 12 years imprisonment, if you have been charged as an employee committing fraud or received more than $30,000 from the offence.
What Are Fraud Charges?
Fraud is where a person uses dishonest means to obtain property or some kind of benefit from someone else, or uses someone else to obtain property or some kind of benefit. It may also be the case that a person has influenced or persuaded someone to do something illegal.
Under Section 408C of the Criminal Code 1899 Act (Qld), fraud will occur where a person who knows that payment is required for something, but leaves without paying, and intends to avoid payment. An example of this would be where a person leaves a service station after filling up their tank without paying.
The key element required to establish a fraud charge is dishonesty. When a person is found guilty of fraud, the Court determined their conduct as dishonest. The question which determines whether or not the person acted dishonestly is to ask whether an honest and reasonable person would have done the same thing.
Defences
In assessing the circumstances where a person has fraud charges pending, it may be the case that they were unaware of what they were doing. If you have been charged with fraud, then you may argue that you had a bona fide claim or right or that there was a mistake of fact. This may be applied where you have an honest and reasonable belief that you had some sort of legal right to the property.
Free Consultation
If you have been charged with fraud, we recommend that you get in touch with our firm. Brisbane Criminal Lawyers have assisted many people with fraud cases and achieved the best outcomes available for them.
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