Fraud

A charge of fraud falls under section 192 of the Crimes Act 1900. There are a number of different charges and similar offences but the essential element is dishonest and deceptive conduct, typically to gain a financial advantage.

From an evidentiary perspective cases of fraud are notoriously difficult to prove, and an in-depth knowledge of the law is essential in these matters. Related charges include intending to commit a fraud or being in possession of similar material for similar purposes, as well as forgery. The maximum penalty for a fraud offence pursuant to section 192E is a term of imprisonment for 10 years.

The element of ‘deception’ is defined at section 192B as any deception, by words or other conduct, as to fact or as to law, including:

(a) A deception as to the intentions of the person using the deception or any other person, or

(b) Conduct by a person that causes a computer, a machine or any electronic device to make a response that the person is not authorised to cause it to make.

The element of deception is an essential element that involves a different test to the requirement of ‘dishonesty’, and the prosecution will have to make out that the deception was either intentional or reckless.