FRAUD OFFENCES

Fraud Offences in New South Wales

Fraud is a serious criminal offence in New South Wales and can cover a wide range of dishonest conduct intended to gain a financial advantage or cause a financial loss. Fraud charges are prosecuted under the Crimes Act 1900 (NSW) and are often complex in nature, particularly in cases involving business, cybercrime, or identity misuse.

Relevant Legislation

The primary offence for fraud in NSW is set out under:

  • Section 192E of the Crimes Act 1900 (NSW) – Fraud – general offence

This section makes it an offence to:

“By any deception, dishonestly obtain property belonging to another, or obtain any financial advantage, or cause any financial disadvantage.”

Fraud can also include a range of related conduct, including:

  • Forgery (ss 253–256)

  • Using false or misleading documents (s 254)

  • Identity fraud or identity theft

  • Credit card or bank fraud

  • Insurance or Centrelink fraud

  • Business or corporate fraud

Maximum Penalty

  • Section 192E (General Fraud):
    10 years’ imprisonment

More serious cases may be dealt with in the District Court, where sentencing options range from Intensive Correction Orders (ICOs) to full-time custodial sentences.

Example Scenarios

  • Centrelink Fraud: Intentionally failing to report income to receive higher benefit payments.

  • False Invoicing: Submitting fake invoices to obtain money from an employer or client.

  • Credit Card Fraud: Using another person’s credit card or bank details without consent to make purchases or withdrawals.

  • Identity Theft: Creating or using false identification to open accounts or obtain loans.

  • Internal Business Fraud: An employee siphoning funds or falsifying company records for personal gain.

Key Legal Elements the Prosecution Must Prove

To secure a conviction for fraud under section 192E, the prosecution must prove beyond reasonable doubt that:

  1. The accused engaged in a deception;

  2. The conduct was dishonest according to the standards of ordinary people;

  3. The deception led to the accused obtaining property or a financial advantage, or caused another person to suffer a financial loss.

Common Legal Defences

Defences to fraud charges will vary depending on the circumstances, but may include:

  • Lack of Intent: The accused did not intend to deceive or gain an advantage.

  • Honest and Reasonable Mistake: The accused believed they were entitled to the property or financial benefit.

  • Duress: The accused was forced to commit the offence due to threats or coercion.

  • Lack of Deception: The prosecution cannot prove that the conduct involved any dishonest or deceptive act.

  • Mental Impairment: The accused lacked the mental capacity to form criminal intent.

Sentencing Considerations

Courts assess a number of factors when sentencing fraud offences, including:

  • The amount of money involved

  • The degree of planning or premeditation

  • The duration of the offending

  • The offender’s prior criminal history

  • Remorse and cooperation with authorities

  • Efforts made to repay the funds or compensate the victim

Fraud offences involving high sums or a breach of trust (e.g. by employees or public officers) are often dealt with more harshly.

Legal Representation

Fraud allegations can have lasting legal, financial, and reputational impacts. If you are under investigation or have been charged with a fraud-related offence, it is essential to obtain experienced legal representation. A qualified criminal defence lawyer can assess the evidence, advise on your legal options, and work to protect your rights throughout the process.