Rana Lawyers Client Steps
Explain your case and we’ll determine if we need to have a conference or simply answer any questions you may be concerned about.
Book in for an initial conference with one of our experienced criminal lawyers and we’ll progress from there.
Rana Lawyers encourages clients to come forward and speak with our team as soon as you are aware that there’s Police involvement.
Can you go to jail for fraud?
Under section 408C of the Criminal Code Act 1899, a fraud offence generally carries a maximum term of imprisonment of 5 years. This may increase to 12 years imprisonment in certain cases where:
- A corporation is defrauded by a director or member of its governing body;
- An employer is defrauded by their employee;
- A person commits fraud using property they obtained subject to a trust, direction or condition that it be applied to a particular purpose or be paid to a specified person, or;
- The benefit or detriment resulting from the fraud amounts to $30,000 or more.
If the fraud involves $30,000 or more, either in cash or other forms of value (such as a car) and a defendant contests the matter then it must be committed to the District Court for trial and any value can technically remain in the Magistrates Court for sentence. However, if the fraud is significant (i.e., beyond $70,000) then the Court may require that the matter be dealt with in the District Court even if the defendant pleads guilty in accordance with section 552D of the Criminal Code Act 1899 because the Magistrates Court has a limited jurisdiction.
Fraud involves a person dishonestly doing any of the following :
- using property belonging, in whole or in part, to somebody else;
- obtaining property from somebody else;
- persuading somebody to deliver property to somebody else;
- obtaining a benefit or causing some detriment to somebody else;
- influencing a person to do something that they are lawfully entitled not to do, or;
- influencing a person not to do something that they lawfully may do.
The primary element required to establish fraud in Queensland is that a person acts dishonestly. In determining whether the person’s conduct was dishonest, the court must be satisfied beyond a reasonable doubt that the defendant was, deliberately or recklessly, acting in a dishonest way. This doesn’t mean that a defendant is required to give evidence or a statement, rather it means the Court will look at all the evidence and consider whether, in those circumstances, the defendant was acting in a way that suggests a dishonest intention was held. For example, if a defendant receives a sum of money for a sale with a promise to deliver goods and does not deliver goods within a timely fashion, it would be open to a Court to consider that this depicts a dishonest intention depending on the time elapsed.
Proof of Fraud
A common misconception with fraud is that if a person is charged with the offence then ‘making good’ on the alleged fraud, such as paying an amount owing that was part of a transaction, may mean that the charge is withdrawn. That is not the case and, at times, if the defendant ‘makes good’ immediately after being charged, there is a possibility that the Court could draw an inference of guilt from this conduct alone.
Establishing dishonesty is a complex matter, particularly with frauds that are alleged as part of transactions or ongoing business. It comes down to the evidence. Some common defences include:
- The alleged victim lawfully consented;
- The actions occurred in the context of a civil or family law matter;
- The alleged offence did not involve ‘property’ as defined in the legislation (though the definition is quite broad and it may be difficult to argue).
If you are charged with fraud in Queensland, you must seek legal advice from a fraud lawyer at an early stage, in particular before you give any statement to the Police because this will affect any arguments about a dishonest intention.
Each fraud case is unique. Experienced fraud lawyers can navigate the complexities of your case and structure a sound defence strategy to suit the circumstances of your case.
For Fraud Lawyers in Brisbane, Trust Rana Lawyers
If you are facing fraud charges, you must have an expert law firm in your corner. At Rana Lawyers, our experienced team of fraud lawyers in Brisbane will support and guide you throughout the entire process, ensuring you have a clear understanding of what lies ahead.
With our extensive experience in handling fraud cases, Rana Lawyers offers top-tier representation in Court, to achieve the best possible results for our clients.
