Fraud and Dishonesty Offences

 Fraud Offences

In Queensland there are a number of offences that are categorized as dishonesty offences which range in seriousness. One of the most common dishonestly offences, is Fraud.

 Fraud is an offence created by section 408C of the Criminal Code Act which states:

(1) A person who dishonestly—

(a) applies to his or her own use or to the use of any person—

(i) property belonging to another; or

(ii) property belonging to the person, or which is in the person’s possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person; or

(b) obtains property from any person; or

(c) induces any person to deliver property to any person; or

(d) gains a benefit or advantage, pecuniary or otherwise, for any person; or

(e) causes a detriment, pecuniary or otherwise, to any person; or

(f) induces any person to do any act which the person is lawfully entitled to abstain from doing; or

(g) induces any person to abstain from doing any act which that person is lawfully entitled to do; or

(h) makes off, knowing that payment on the spot is required or expected for any property lawfully supplied or returned or for any service lawfully provided, without having paid and with intent to avoid payment.

 The maximum penalty for Fraud is five (5) years of imprisonment, however this increases to 14 years in certain circumstances (called aggravating circumstances) such as:

 (a) the offender is a director or officer of a corporation, and the victim is the corporation; or

(b) the offender is an employee of the victim; or

(c) any property in relation to which the offence is committed came into the possession or control of the offender subject to a trust, direction or condition that it should be applied to any purpose or be paid to any person specified in the terms of trust, direction or condition or came into the offender’s possession on account of any other person; or

(d) the property, or the yield to the offender from the dishonesty, or the detriment caused, is of a value of at least $30,000 but less than $100,000; or

(e) the offender is or was an employer of the victim.

The maximum penalty increases to 20 years if:

(a) the property, or the yield to the offender from the dishonesty, or the detriment caused, is of a value of at least $100,000; or

(b) the offender carries on the business of committing the offence.

 Common examples of fraud include a person dishonestly obtaining Centrelink and other government payments, using someone else’s eftpos card to make purchases without their consent, taking money or other property from an employer etc. 

 Being convicted of any dishonesty offence can have serious consequences for a person, including on their future employment opportunities so regardless of the value of the fraud, its important to get expert legal advice as soon as possible.