FRAUD
FRAUD OFFENCES
Fraud encompasses various serious criminal offences which involve deception or dishonesty for financial or personal gain for oneself or another. In NSW, fraud offences are governed by the Crimes Act 1900 which carry prison sentences.
DISHONESTLY OBTAIN FINANCIAL ADVANTAGE BY DECEPTION
Section 192E(1) Crimes Act 1900 (NSW) states:
A person who, by any deception, dishonestly:
- obtains property belonging to another, or
- obtains any financial advantage or causes any financial disadvantage, is guilty of the offence of fraud.
Maximum penalty: Imprisonment for 10 years.
USING FALSE DOCUMENT
Section 254 Crimes Act 1900 (NSW) states:
A person who uses a false document, knowing that it is false, with the intention of:
- inducing some person to accept it as genuine, and
- because of its being accepted as genuine:
- obtaining any property belonging to another, or
- obtaining any financial advantage or causing any financial disadvantage, or
- influencing the exercise of a public duty, is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
STANDARD OF PROOF
Section 141 Evidence Act 1995 states:
In criminal proceedings, all the elements of an offence must be proved beyond a reasonable doubt by the prosecution.
The Courts have held that the expression “proved beyond reasonable doubt” mean exactly what they say – proof beyond reasonable doubt.
This is the highest standard of proof known to the law. The test in a criminal case is not whether the accused is guilty. In a criminal case the prosecution must prove the accused’s guilt beyond reasonable doubt. A suspicion, even a strong suspicion, that the accused may be guilty is not enough. Further a decision that the accused has probably committed the offence also falls short of what is required to prove an offence beyond reasonable doubt.
DURESS
The law recognises that in some cases someone who commits what would otherwise be a crime should be excused for having done so. The law recognises that sometimes people really do not have a choice and their choices have been overborne by a serious threat to either them or their family.
There are three elements which make up the defence of duress:
- because of threats of death or really serious injury to them or a member of their family,
- being threats of such a nature that a person:
- of ordinary firmness and strength of will, and
- of the same maturity and sex as the accused, and
- in the accused’s position,
- would have given in to them and committed the crime demanded of them.
For a consultation with a Criminal Lawyer, call AMA Legal on (02) 8610 3764.
