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When Is Fraud a Criminal Offence in the ACT?
Andrew Byrnes Law Group • Oct 01, 2020
Scams run rampant around the world, which are essentially schemes that offer unrealistic chances. Scammers entice people to invest in wealth opportunities, or perhaps products and services that are below pricing points. They take advantage of people using false pretences, which can also happen in large scales such as within or between organisations.
In the Australian Capital Territory, such scams can be considered fraud. Fraud is defined as a type of criminal offence that varies in terms of scale, but can usually involve large sums of money.
If you find yourself dealing with fraud charges, it’s important to gain a little more knowledge about the laws surrounding the offence. To help you get a firm grasp of the law relating to fraud, here is a quick guide for you. We will talk about what constitutes fraud in the ACT:
Offence 1: Obtaining financial advantage through deception
This type of fraud pertains to the act of dishonestly obtaining financial advantage (or monetary gain) through deception, where victims are lured in with false promises regarding lending schemes, investments and other financial processes. If convicted, the accused may face a maximum penalty of 10 years’ imprisonment and/or a 1,000 penalty unit fine.
Offence 2: Obtaining another individual’s property through deception
This type of fraud pertains to the act of dishonestly gaining access/control of another’s property, done through deception. Victims are lured to permanently give up their ownership, under false promises of investments and other schemes. Like with the first offence, the accused will face up to 10 years’ imprisonment and/or a 1,000 penalty unit fine.
Offence 3: Conspiracy to defraud
Conspiracy to defraud pertains to a dishonest act of obtaining finances and other gains from a third person, as part of a grander scheme. Like the previous offences, this means the accused faces up to 10 years of imprisonment and/or a 1,000 penalty units fine.
Offence 4: General dishonesty
General dishonesty pertains to the act of doing anything with the intention of dishonesty, with the end goal being to gain an advantage over someone else. If proven guilty, the accused faces 5 years of imprisonment and/or 500 penalty units, which is considerably lighter compared to the first three offences.
Enlisting the help of the best Canberra law firm
From everything discussed, one can deduce that the laws encompassing fraud contain broad meanings and apply broadly to different situations. Financial advantage is a concept that can be interpreted in various ways, as with the meaning of deception, especially when placed in various contexts. A financial gain can pertain to swindling and more specific offences, making the law open to interpretation. In other words, the law regarding fraud in the ACT can be difficult to understand. In essence, the prosecution can point to a large number of different types of conduct in order to accuse you of guilt of a fraud based offence.
The process of facing fraud charges can be complex and rather technical, especially since the criminal offences regarding fraud carry hefty punishments. Prosecution cases and the evidence relating to the prosecution case must be scrutinised careful to assess whether or not you are likely to be found guilty or not. If you find yourself dealing with a fraud case, it’s always best to consult a lawyer well-versed in the ACT laws.
For the best criminal lawyers in Canberra, trust Andrew Byrnes Law Group. We are passionate and innovative lawyers, ever ready to help you come up with the best defence strategies. Allow us to represent you with confidence and passion—book a free consultation today.
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