If a family member or friend has been charged with a criminal offence, a decision will be made about whether they should be released from police custody on bail, or whether they will be refused bail by police.
If you have been charged with fraud, police must prove that:
What is deception in fraud?
Deception can involve words or conduct such as false statements, certain conduct and silence.
False statements can be an outright lie or a partially true statement that is more than “mere puffery”. For example, saying that a good is ‘made of the best material’ is not sufficient to be considered a false statement. However, if you claim that a good is made of a more expensive material when, in fact it is not, that is a false statement.
Conduct without using any words, although rare, can amount to deception. For example, wearing a certain uniform which you are not entitled and gaining a financial advantage from that representation can amount to deception by conduct.
Silence can amount to deception if it represents a certain position that you do not meet with following conduct. For example, if you enter a restaurant and order a meal, you are representing the position that you would eventually pay for the meal.
What does recklessness mean in fraud?
If police cannot prove that you intended to deceive the complainant, it must be proved that you realised the complainant might have been deceived, but continued with the act regardless.
What does dishonesty mean in fraud?
The question of whether your conduct was dishonest is two-fold. Firstly, it must be dishonest according to ordinary standards of a reasonable and honest person. Secondly, the court must find that you realised that your conduct was dishonest according to those standards. As there is no strict rule for dishonesty, the court will consider the facts of your case and your personal circumstances to decide whether you dishonestly obtained property by deception.
What does an intent to permanently deprive mean in fraud?
An intent to permanently deprive means that you knew, at the time of dishonestly obtaining property by deception, that it is probable or likely that they would be permanently deprived of property that was in their control.
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This will depend on a number of factors, including whether you accept that you dishonestly obtained property by deception.
You may accept the alleged conduct but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
Q: If I plead guilty or am found guilty, will a conviction be recorded?
A: It is likely that the court may record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors. It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Q: Will I go to jail for fraud?
A: It is possible that you will go to jail. The maximum penalty for fraud is 10 years imprisonment, however if the matter is dealt with in the Local Court the maximum penalty is 2 years imprisonment. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
If you have been charged with intention to defraud by false and misleading statement, police must prove that:
What is a false or misleading statement?
False or misleading statements can be an outright lie or a partially true statement that is more than “mere puffery” and not trivial. For example, saying that a good is ‘made of the best material’ is not sufficient to be considered a false statement. However, if you claim that a good is made of a more expensive material when, in fact it is not, that is a false statement.
The statement does not have to be expressly false. It can amount to being false by creating a false impression onto the complainant.
The statement can be made verbally or in written form.
What is dishonesty in intent to defraud by false or misleading statement?
The question of whether your conduct was dishonest is two-fold. Firstly, it must be dishonest according to ordinary standards of a reasonable and honest person. Secondly, the court must find that you realised that your conduct was dishonest according to those standards. As there is no strict rule for dishonesty, the court will consider the facts of your case and your personal circumstances to decide whether you dishonestly intended to obtain property, obtain financial advantage or cause financial disadvantage.
What does ‘obtain financial advantage’ mean in intent to defraud by false or misleading statement?
Although ‘financial advantage’ has a broad definition and depends on the surrounding circumstances, it must be proven that you intended to have the better of another due to your false and misleading statement. The meaning of ‘finance’ depends on the context.
What does ‘cause financial disadvantage’ mean in intent to defraud by false or misleading statement?
Although ‘financial disadvantage’ has a broad definition and depends on the surrounding circumstances, it must be proven that you intended to cause the complainant to suffer a disadvantage and thus be left worse off. The meaning of ‘finance’ depends on the context.
This will depend on a number of factors, including whether you accept that you dishonestly made or published a false or misleading statement with an intention to obtain property from the complainant, obtain financial advantage or cause financial disadvantage.
You may accept the alleged conduct but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
Q: If I plead guilty or am found guilty, will a conviction be recorded?
A: It is likely that the court may record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors. It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Q: Will I go to jail for intention to defraud by false or misleading statement?
A: It is possible that you will go to jail. The maximum penalty for intention to defraud by false or misleading statement is 5 years imprisonment, however if the matter is dealt with in the Local Court the maximum penalty is 2 years imprisonment. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
If you have been charged with obtaining financial advantage by deception, police must prove that:
What is deception?
Deception can involve words or conduct such as false statements, certain conduct and silence.
What does recklessness mean?
If police cannot prove that you intended to deceive the complainant, it must be proved that you realised the complainant might have been deceived, but continued regardless.
What does ‘obtain financial advantage’ mean in obtaining financial advantage by deception?
Although ‘financial advantage’ has a broad definition and depends on the surrounding circumstances, it must be proven that you intended to have the better of another due to your false and misleading statement. The meaning of ‘finance’ depends on the context.
What is dishonesty?
The question of whether your conduct was dishonest is two-fold. Firstly, it must be dishonest according to ordinary standards of a reasonable and honest person. Secondly, the court must find that you realised that your conduct was dishonest according to those standards.
As there is no strict rule for dishonesty, the court will consider the facts of your case and your personal circumstances to decide whether you dishonestly obtained financial advantage by deception.
What does an intent to permanently deprive mean?
An intent to permanently deprive means that you knew, at the time of dishonestly obtaining financial advantage by deception, that it is probable or likely that they would be permanently deprived of property as you obtain financial advantage.
This will depend on a number of factors, including whether you accept that you dishonestly obtained financial advantage by deception.
You may accept the alleged conduct but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
Q: If I plead guilty or am found guilty, will a conviction be recorded?
A: It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors. It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Q: Will I go to jail for obtaining financial advantage by deception?
A: It is possible that you will go to jail. The maximum penalty for obtaining financial advantage by deception is 10 years imprisonment, however if the matter is dealt with in the Local Court the maximum penalty is 2 years imprisonment. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
If you have been charged with causing financial disadvantage by deception, police must prove that:
What is deception?
Deception can involve words or conduct such as false statements, certain conduct and silence.
What does recklessness mean?
If police cannot prove that you intended to deceive the complainant, it must be proved that you realised the complainant might have been deceived, but continued regardless.
What does ‘cause financial disadvantage’ mean?
Although ‘financial disadvantage’ has a broad definition and depends on the surrounding circumstances, it must be proven that your dishonest and deceiving conduct caused the complainant to suffer a disadvantage and thus be left worse off. The meaning of ‘finance’ depends on the context.
What is dishonesty?
The question of whether your conduct was dishonest is two-fold. Firstly, it must be dishonest according to ordinary standards of a reasonable and honest person. Secondly, the court must find that you realised that your conduct was dishonest according to those standards.
As there is no strict rule for dishonesty, the court will consider the facts of your case and your personal circumstances to decide whether you dishonestly caused financial disadvantage by deception.
This will depend on a number of factors, including whether you accept that you dishonestly caused financial disadvantage by deception.
You may accept the alleged conduct but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
Q: If I plead guilty or am found guilty, will a conviction be recorded?
A: It is likely that the court may record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors. It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Q: Will I go to jail for causing financial disadvantage by deception?
A: It is possible that you will go to jail. The maximum penalty for causing financial disadvantage by deception is 10 years imprisonment, however if the matter is dealt with in the Local Court the maximum penalty is 2 years imprisonment. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Hugo Law Group is a law firm that is focused on protecting and defending your rights. Drawing on decades of experience, our team of criminal lawyers will guide you through the legal process, providing comprehensive, honest and strategic advice – qualities that give us our renowned reputation.
Whether you want to plead not guilty, you are looking to secure the best possible sentence, or a loved one wants to apply for bail, it is essential to have an experienced team of criminal defence lawyers in your corner.
Seeking comprehensive and practical advice at an early stage will best ensure your rights and interests are protected. Our lawyers will properly prepare and present your case to assist you in getting the best possible outcome.
At Hugo Law Group, we will clearly explain what your rights and obligations are so that you can make informed decisions about how to deal with the police and the court process.
Even if you have not yet been charged with a criminal offence, you should seek advice from a lawyer at an early stage to ensure that your rights and interests are protected.
Hugo Law Group is the market leader in criminal defence law, providing exceptional representation to people facing serious criminal charges.
As leaders in criminal defence, we know that every story has two sides. We defend yours.
Get in contact with us today or feel free to call us at 02 9696 1361 (Sydney), 02 5104 9640 (Canberra), 08 6255 6909 (Perth), or 07 5552 1902 (Northern NSW) and find out how we can help you.