The Crimes Act 1900 contains several offences relating to fraud.
For instance, it is against the law to make or publish a false or misleading statement with the intention of obtaining property or money from another person.
It’s also an offence to make or publish a false or misleading statement with the intention of obtaining a financial advantage, or causing a financial disadvantage to another person.
The prosecution must prove that the statement in question was false or misleading in a material particular – that is, it must be proved that the statement that you made was of significance, and not just trivial. It must be seen to be capable of influencing another person.
Statements may be made orally or in writing.
The prosecution must prove that you made or published the statement in question, or assisted in the making or publishing of the statement.
Furthermore, you must be shown to have acted dishonestly – in other words, you cannot be found guilty of this offence where you honestly and reasonably believed that the statements you were making were accurate, or where you did not intend to defraud or mislead other people.
Whether or not you acted dishonestly will be judged by the standard of ordinary people.
If you are found guilty of this offence, you may face a maximum penalty of five years imprisonment.
However, it’s important to bear in mind that the maximum penalty will only apply in the most serious cases.
The magistrate will determine the appropriate penalty in your case after considering all the facts and circumstances – hence it’s important to get a good lawyer on your side who can present your case in the most favourable manner.
Our lawyers have considerable experience in serious fraud matters and can help you avoid these onerous penalties under the law.
Section 192G of the Crimes Act 1900 deals with the offence of ‘Intention to Defraud by False or Misleading Statement’ and reads as follows:
192G Intention to defraud by false or misleading statement
A person who dishonestly makes or publishes, or concurs in making or publishing, any statement (whether or not in writing) that is false or misleading in a material particular with the intention of:
(a) obtaining property belonging to another, or
(b) obtaining a financial advantage or causing a financial disadvantage,
is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
Being accused of committing a fraud offence can have a serious impact on your life, affecting your future career plans and your ability to secure finance in the future.
It’s therefore important to ensure that you are being represented by the best legal team to ensure that you avoid these onerous consequences – leaving you free to get on with your life as soon as possible.
Our expert defence team has extensive experience representing clients in all type of fraud cases and can work with you to obtain a positive outcome.
In many cases, we are able to have charges dropped early on by identifying problems with the prosecution case, such as a lack of compelling evidence.
Alternatively, where your matter proceeds to court, we will present your side of the story in the most positive light.
Our experienced criminal lawyers will work hard to obtain all favourable evidence and present this evidence in a persuasive manner in order to cast doubt on the prosecution case.
Our lawyers are also highly skilled at the complex art of cross examination and will fight hard to deconstruct any unfavourable testimony from prosecution witnesses.
Should you wish to simply plead guilty to the allegations, our lawyers will dedicate the time and effort to prepare compelling sentencing submissions which emphasise mitigating factors such as your good character.
Our ability to obtain exceptional results in fraud cases is a reflection of our lawyers’ expert knowledge and understanding of the law.
For the best result in your ‘false or misleading statements’ case, call our experts today on (02) 9261 8881 and book a FREE first appointment to discuss your case.