The making of untruthful or inaccurate statements may result in criminal charges where it is proved that you made the statements with the intention of defrauding another person.
A statement will be held to be false or misleading where it is capable of influencing another person. They may be made orally or in writing.
Being charged with a fraud offence is an understandably upsetting and stressful experience; however our expert defence team can help ease the burden by fighting hard to protect your rights.
Your Options in Court
If you believe that you are innocent, you may wish to enter a plea of ‘not guilty’ and enlist our criminal law specialists to fight to protect your rights and interests.
Our expert defence team will strive to cast doubt on the prosecution case by showing that the ‘essential elements’ of the offence have not been made out.
The ‘essential elements’ that the prosecution must prove before you can be found guilty of ‘intention to defraud by false or misleading statement’ are:
- That you made or published, or assisted in the making or publishing of a statement
- That the statement was false or misleading in a material particular;
- That you acted dishonestly.
If the prosecution is unable to prove each of these three elements beyond a reasonable doubt, you will be found ‘not guilty’ of the offence.
Should you wish to fight the matter in court, our senior lawyers will give you the best possible defence against the charges by preparing a strong defence case in which all favourable evidence and possible defences are raised.
Commonly raised defences for ‘intention to defraud by false or misleading statement’ include:
- Where you honestly and reasonable believed that the statement you were making was true honest and reasonable mistake of fact;
- Where you were threatened or coerced into making the statement (duress).
We guarantee that you will be represented at all major court dates by one of our outstanding senior lawyers, who have extensive experience fighting and winning fraud matters.
For more information on this offence, see our legislation page here.
If you wish to accept the allegations against you, you may wish to enter a plea of ‘guilty.’
This means that you will proceed straight to sentencing, where the magistrate determines the type of penalty that you will receive.
In some cases, pleading guilty early on can be beneficial as it will show the court that you have accepted responsibility for your actions.
Generally, this will result in the court imposing a less onerous penalty than that which you would have received if you had been found guilty after a defended hearing.
However, before pleading guilty to this offence, it is advised that you speak to one of our experienced criminal lawyers, who will be able to advise whether there is any way to fight the charges and avoid a conviction.
You should also be aware of the maximum penalty that may apply, which is 5 years imprisonment.
However, this is the absolute maximum and it will only apply in the most serious cases.
Generally, this matter will be heard in the Local Court before a magistrate, where the maximum penalty is 2 years imprisonment.
Our expert lawyers can also assist you in avoiding a harsh penalty under the law by preparing and presenting persuasive sentencing submissions which emphasise the need for a more lenient penalty.
The types of penalties that the court may impose include:
- Section 10 Dismissal
- Conditional Release Order
- Community Correction Order
- Intensive Correction Order
At Sydney Criminal Lawyers® we are proud of our proven track record of consistently obtaining outstanding results in fraud cases – no matter how serious the allegations are.
Why Sydney Criminal Lawyers®?
Being accused of making a false or misleading statement can have an adverse impact on your life and future career path.
However, with the help of our criminal law specialists, you can give yourself the best possible defence when it comes to fighting the charges and avoiding a conviction.
Our team of expert defence lawyers has considerable experience fighting and winning serious fraud matters such as ‘intention to defraud by false or misleading statements.’
As criminal law specialists, we have the specialist knowledge and insight necessary to achieve the best possible outcome in your case.
Our lawyers will push to have the charges dropped at an early stage by carefully examining all the evidence to find deficiencies with the prosecution case.
Should your matter proceed to a defended hearing, we guarantee that you will be represented only by our senior lawyers – experienced defence advocates who have a proven track record of fighting and winning complex criminal matters.
Our outstanding advocates will present all favourable evidence in a compelling manner and will strive to dismantle the prosecution case by effectively cross-examining all prosecution witnesses and casting doubt upon their evidence.
Our lawyers can also assist if you simply wish to plead guilty – in these cases we can prepare compelling sentencing submissions which highlight any positive factors in your case and persuade the magistrate to impose the most lenient penalty possible.
Take the first steps towards securing a positive outcome in your case – call us now on (02) 9261 8881 and book your FREE first conference with our experienced advocates to discuss your case.