Dishonesty and fraud charges are taken seriously by the Courts and can have significant repercussions on a person’s record, impacting future employment opportunities. The penalties for theft in Victoria vary based on the charge’s nature and the amount stolen, ranging from diversion or good behaviour bonds for small thefts to immediate custodial sentences for larger thefts.
Fraud charges encompass various forms of dishonest conduct, from minor offences to multimillion-dollar frauds, and can have severe consequences on a person’s record and employment prospects. Serious dishonesty matters may lead to a prison sentence, highlighting the importance of seeking legal advice before participating in a record of interview regarding fraud charges. For serious fraud charges, it’s essential to have an experienced criminal lawyer to reduce the custodial sentence which may be imposed and the long-term impacts.
Contact Chase Murphy Lawyers for legal assistance with dishonesty and fraud charges.
What is a Fraud Offence?
It may be called different names, but a person is guilty of a fraud offence if there is sufficient evidence that they;
- Dishonestly obtain a property belonging to another to deprive the other of it permanently,
- Had the intention, planned or attempted to obtain a property dishonestly,
- Employing deception induced a person to take some actions that cause the victims financial disadvantage.
In this case, “obtains” means the person assumed rights over the property characteristic of the owner. It includes;
- Possessing the property,
- Claiming ownership of the property through any means,
- Obtaining the property for another,
- Enabling another to obtain or acquire the property.
What is deception?
For related fraud offences, subsection 4 of s81 of the Crimes Act in Victoria states that:
A person may be guilty of deception if they make a statement relating to fact or law about anything to deceive or inform a person wrongly. The person can still be guilty of fraud even if such information is not intentional (reckless).
Deception also includes an act of causing a computer system, program or machine to malfunction or act deceptively. It consists of all devices that offer some form of payments, incentives and identification payout. An example can be using someone else’s bank card/PIN to withdraw their money from an Automatic Teller Machine (ATM) without the person’s authorisation.
How does a person illegally appropriate property in Victoria?
Several court decisions in the past have adjusted and reviewed the activities or tasks that can constitute a person appropriating a property.
- Where a person assumes the rights of ownership by claiming rights to perform a duty, only the owner should have the right to;
- The accused attempted to assume some rights of the owner;
- Taking, using, damaging, extinguishing, lending, retaining, offering to sell another person property without the consent of the owner;
- Returned a property in less usable condition than when they collected the property;
- To have “claimed” a property, the prosecutor must prove that the accused person intricately interfered with or infringed the owner’s rights in some way,
- If the accused got the property innocently but later assumed ownership by dealing/disposing of it as an owner, they are guilty of appropriating it.
Which court handles a fraud Offence in Victoria?
Less serious fraud offence charges proceed to the Magistrate Court in Victoria as Summary offences. For such violations, the Magistrate will impose a maximum penalty of not more than two years imprisonment. However, both parties must agree before such matters proceed to a Magistrate in Victoria.
If the matter is heard in a County Court or higher court, it is an indictable offence. Such offences in Victoria carry punishments over two years imprisonment.
What penalties does the court impose for a Fraud offence?
Fraud offences are usually handled before a jury or the Judge in a County Court. The Crimes Act 1958 (Vic) prescribes punishments of level 5 imprisonment – 10 years maximum prison term for general court offences.
However, if the matter is heard as a Summary offence, the Magistrate will not impose a sentence greater than a term of imprisonment of 2 years.
