Fraud

Do you need to advice from a Fraud Lawyer?

A charge of Fraud under Section 408C of Criminal Code 1899 (Qld) is a serious offence in Queensland and can often result in severe penalties, including imprisonment.

The seriousness of this offence stems from its potential to cause significant financial loss, breach of trust, and economic harm to individuals, businesses, and the community. Fraud can involve various dishonest activities, including obtaining property, financial benefits, or services through deception.

If you are charged, seeking legal advice early from an experienced criminal defence lawyer can make a significant difference to the outcome.

Our highly experienced criminal lawyers have extensive experience in defending fraud charges including high value cases. Contact us today for the best advice for your case.

What is Fraud?

Under Section 408C, a person commits fraud if they dishonestly engage in conduct such as applying property to their own use, obtaining property or benefits through deception, or causing a financial detriment to another person.

Fraud can involve a wide range of dishonest actions, including misappropriation of funds, identity fraud, false representation, and failure to disclose information for financial gain.

What is the penalty?

If convicted, the maximum penalty for Fraud varies based on the severity of the offence:

• 5 years imprisonment - unless any of the circumstances below apply

• 14 years imprisonment - if the offence involves any of the following aggravating factors:

  • The offender is a director or officer of a corporation, and the victim is the corporation.

  • The offender is an employee of the victim.

  • The fraud involves property or financial benefits valued between $30,000 and $100,000.

  • The offender is an employer of the victim.

• 20 years imprisonment - if the fraud involves property or benefits valued over $100,000 or if the offender carries on the business of committing fraud.

These penalties highlight the seriousness of fraud charges, with sentencing influenced by:

• The scale and complexity of the fraud scheme

• The amount of financial loss or detriment caused

• Whether the accused was in a position of trust

• Any prior criminal history

What are strategies to defend Fraud?

Our experienced criminal lawyers take a strategic approach to each case, carefully analysing the evidence and circumstances to develop the strongest defence.

Common defences may include:

• Lack of dishonesty - The accused did not act dishonestly

• Mistake of fact - The accused believed they had a legal right to the property or benefit

• Insufficient evidence - The prosecution do not have sufficient evidence to identify the accused

In some cases, negotiations with the prosecution may lead to charges being withdrawn or reduced.

What should I do if I have been charged?

To speak with a Brisbane criminal lawyer for advice on fraud related offences get in Contact now.