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FRAUD | FORGERY | USING FALSE DOCUMENT
Fraud Offences
Fraud encompasses various serious criminal offences which involve deception or dishonesty for financial or personal gain for oneself or another. In New South Wales (NSW), fraud offences are governed by the Crimes Act 1900 which impose heavy penalties, including imprisonment.
Fraud Offences under the Crimes Act 1900
The following are some examples of fraud offences:
DISHONESTLY OBTAIN FINANCIAL ADVANTAGE OR CAUSE FINANCIAL DISADVANTAGE – SECTION 192E CRIMES ACT 1900
1. 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.
Forgery (making false documents) - section 253 Crimes Act 1900
A person who makes a false document with the intention that the person or another will use it—
- to induce some person to accept it as genuine, and
- because of its being accepted as genuine—
- to obtain any property belonging to another, or
- to obtain any financial advantage or cause any financial disadvantage, or
- to influence the exercise of a public duty,
- is guilty of the offence of forgery.
Maximum penalty–Imprisonment for 10 years.
USING FALSE DOCUMENT | SECTION 254 CRIMES ACT 1900
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.
The prosecution bears the onus of proving all the elements of the offence beyond a reasonable doubt.
Standard of proof
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 probably 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.
Defences
Defences available to an accused person facing a fraud charge may include:
- Honest and reasonable mistake of fact,
- Duress,
- Necessity.
On 21 April 2023, Gavin Daniel Fineff, a senior financial planner was sentenced by the NSW District Court for 12 counts of dishonestly obtaining a financial advantage by deception contrary to section 192E(1)(b) Crimes Act 1900. The total amount of the individual fraud counts was $3,355,026.20.
Notwithstanding a strong subjective case, Mr Fineff was sentenced to imprisonment for 9 years with a non-parole period of 5 years and 4 months with the Court reiterating that such offences are serious, and a strong message needs to be sent to the community to deter individuals from committing such offences. The District Court’s full judgement can be accessed on https://www.caselaw.nsw.gov.au/decision/187a229c58dd0c52789fea4d
The above should not be treated as legal advice but general information.
For a free consultation with a Criminal Lawyer in Sydney, call AMA Legal on (02) 8610 3764.
