Under the Commonwealth Criminal Code, you may be charged with a criminal offence if you dishonestly obtain a financial advantage from a Commonwealth body by deception.
A “financial advantage” refers broadly to some kind of benefit or profit that you receive as a result of your actions – for example, obtaining cash or property or some kind of intangible benefit that improves your financial position.
At Sydney Criminal Lawyers®, we understand that being charged with a Commonwealth fraud offence can be a stressful experience.
However, you can rest assured that our fraud experts will fight hard to protect your rights from start to finish to secure the best possible outcome in your case.
Before you can be found guilty of “obtaining property by deception,” the prosecution must prove certain elements beyond a reasonable doubt:
If you do not believe that the prosecution will be able to prove each and every one of these elements beyond a reasonable doubt, you may wish to speak to our experienced criminal lawyers about pleading “not guilty.”
Our criminal defence team is comprised of highly respected advocates with a wealth of experience fighting and winning complex Commonwealth fraud cases.
We are therefore equipped with the knowledge and experience necessary to best advise you of your options when it comes to securing a positive outcome in your case.
We will work relentlessly to cast doubt on the prosecution case by carefully examining all the evidence in order to identify weaknesses in the prosecution case.
Our advocates are highly skilled in the art of cross-examination and will strive to carefully deconstruct all prosecution witness testimony.
We will also assist in identifying any defences to the charges, which if raised, will result in the charges being dropped.
Examples of possible defences include:
No matter how serious the allegations are, you can rest assured that your future is in the safe hands of our qualified and experienced fraud specialists.
If you do not wish to fight the charges in court, you can choose to plead guilty from the outset.
You will then proceed to sentencing, which is where the judge determines the appropriate penalty.
This may be a beneficial step to take in some cases as it will show the court that you have accepted responsibility for your actions.
They may therefore be inclined to impose a more lenient penalty than that which you would have received if you were found guilty by the court.
However, before pleading guilty, you should speak to one of our experienced criminal lawyers, who will be able to advise whether there is any way to defend the charges in court.
It may also help to know the maximum penalty that may apply in these cases, which for “obtain financial advantage by deception” is 10 years imprisonment.
While this penalty may seem lengthy, it’s important to remember that it is the absolute maximum and will only apply in the most serious cases.
The court will determine the appropriate penalty in your case after carefully considering all the facts and circumstances.
The types of penalties that the court can impose include:
It’s therefore important to get a good lawyer who can explain your side of the story in a favourable manner.
Our lawyers are well-versed in presenting effective sentencing submissions which emphasise the appropriateness of a lenient penalty.
We go above and beyond for our clients and can even assist you in obtaining character references and other documents that will maximise your chances of obtaining a lenient penalty.
Our hard work and dedication is reflected in our ability to obtain outstanding results in Commonwealth fraud matters which are consistently better than any other law firm.
Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.
Here are 12 reasons to choose our multi-award winning legal team:
Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases. Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial. Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.
Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.
Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.
The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.
We offer free parking at our Sydney CBD and Liverpool locations, and all of our offices are close to train stations and bus terminals.
For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.
If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at email@example.com.