Fraud & Related Offences

There is a wide range of offences targeting fraudulent and like behaviour in Australia, which are complex and difficult to navigate. It is essential you seek legal advice from experienced criminal practitioners, such as the team at Jackson John Defence Lawyers, so we can help you through the process and ensure you receive a favourable outcome.

Comprehending Fraud: Legal Insight

  • What is Fraud?

    Fraud is defined as dishonestly obtaining a benefit or causing a loss, by deception or other means (Crimes Act 1900 (NSW), section 192E). This means that for a person to be found guilty of fraud, the Prosecution must prove that they acted dishonestly with the intention of obtaining a benefit or causing a loss to another person. 


     ‘Deception’ and ‘dishonestly’ are separate elements with different mental elements. The Prosecution must prove that the accused person intentionally or recklessly practised a deception, and the Prosecution must also prove the accused person acted dishonestly, that is they knew ordinary people would regard the acts as dishonest. 


     The relevant deception can be proven as a matter of inference. The Prosecution must prove that the deception was the means whereby the financial advantage was obtained (or financial disadvantage suffered) or the effective cause of the financial advantage being obtained (or the financial disadvantage being suffered). ‘Cause’ includes to direct or facilitate.  


    Some common examples of this type of fraud include identity theft, cheque fraud, and credit card fraud. However, fraud can take many different forms and can be committed in a variety of contexts. For example, a person might commit fraud in a business context by falsifying invoices or misrepresenting financial information. 


    The maximum penalty for an offence of dishonestly obtain financial advantage and/or cause disadvantage by deception is 10 years imprisonment.  

  • Are There Any Defences Available?

    There are several defences that are available in defending fraud charges. Firstly, if you can prove that you didn't have an intention to defraud anyone, you may have a defence. This means that if you genuinely believed that what you were doing was legal or if you made an honest mistake, you may not be guilty of fraud.  


    Secondly, if you were coerced or pressured into committing fraud, you may have a defence. For example, if someone threatened you or your family with harm unless you carried out the fraudulent activity, this could be a defence. 


    Thirdly, if you can show that the person who was supposedly defrauded consented to the activity, you may have a defence. For example, if you borrowed money from someone and they agreed to the terms, you wouldn't be guilty of fraud even if you later had trouble repaying them. 


    Lastly, if you can prove that you weren't in a position of trust, you may have a defence. For example, if you were just an employee following orders and didn't have the authority to make financial decisions, you may not be guilty of fraud. 

It's important to note that these defences are complex and require a good understanding of the law. If you're facing fraud charges in NSW, it's always a good idea to seek the advice of experienced criminal defence lawyers.

The team at Jackson John Criminal Defence Lawyers, are experts and can help you navigate the legal system and protect your rights.

  • Money Laundering

    Money laundering involves concealing or disguising the proceeds of illegal activities to make them appear legitimate. This serious offence can result in severe penalties, depending on the circumstances and level of involvement.

    Explore Money Laundering
  • Directing & Participating in Criminal Groups

    Being charged with directing or participating in a criminal group is a serious offence with severe penalties, including lengthy imprisonment. These charges can be complex, and understanding your legal rights is crucial.

    Explore Criminal Groups
  • Identity Fraud, Theft & Dealing with Identification Information

    Identity fraud and theft, legally known as 'Dealing with Identification Information', involve possessing or using stolen or falsified documents for fraudulent purposes. These activities can lead to serious legal consequences.

    Explore Identity Fraud & Theft

The complexities surrounding fraud and money laundering legislation necessitate the assistance of an experienced Criminal Defence Lawyer when faced with charges.

What is Money Laundering?

Money laundering is a serious criminal offence that involves hiding and disguising the proceeds of illegal activities to make them appear as if they were obtained from legitimate sources. A person who knowingly deals with proceeds of crime is liable to imprisonment for a maximum of 15 years.

What You Need to Know

  • Understanding 'Deal With' in Money Laundering

    ‘Deal With’ includes: 


    • Receive, possess, conceal, or dispose of; 
    • Bring or cause to be brought into NSW, including transfer or cause to be transferred by electronic communication; 
    • Send or cause to be sent out of NSW, including transfer or cause to be transferred by electronic communication; or  
    • Engage directly or indirectly in a transaction, including receiving or making a gift.  

  • Defining 'Proceeds of Crime' in Money Laundering

    ‘Proceeds of Crime’ means money or other property that is wholly or partly derived or realised, directly or indirectly, by any person from the commission of a serious offence.

  • The Scope of 'Serious Offense' in Money Laundering

    ‘Serious Offence’ includes: 


    • An offence against the laws of NSW being an offence that may be prosecuted on indictment; 
    • An offence against the laws of the Commonwealth that may be prosecuted on indictment;  
    • The offence of supplying an restricted substance in accordance for the purposes of section 16 of the Poisons and Therapeutic Goods Act 1966 (NSW) that arises under section 18A(1) of that Act; or 
    • An offence committed outside NSW (including outside Australia) that would be an offence against State or Federal laws. 

If the accused person attempted to conceal their involvement, for example by using a fake identity, the maximum penalty increases to 20 years imprisonment.

Even if it cannot be established that the accused person knew the funds were proceeds of crime, they can be convicted of a lesser offence of recklessly deal with proceeds of crime for which the maximum penalty is 10 years imprisonment.

If the Prosecution cannot prove that the funds were proceeds of crime, the accused person can be found guilty of deal with property suspected to be proceeds of crime, the maximum penalty for which is 3 years imprisonment if the funds are less than $100,000, 5 years if the funds are greater than $100,000 but less than $5 million, and 8 years if the funds are greater than $5 million.

  • How Additional Charges Impact Penalties with a $5 Million Threshold

    If the funds are greater than $5 million and the accused person is alleged to have committed the offence in the following circumstances, the maximum penalty increases to 10 years imprisonment:  


    • The accused person used a position of professional trust; 
    • The alleged offence was committed in the context of a serious crime organisation or serious criminal activity; 
    • The alleged offence was committed to fund or support terrorism; 
    • The accused person provided finance to enable part or all of the dealings in property; or 
    • The offence was committed for the purposes of transferring the value of property out of NSW. 

  • Understanding the Dynamics of Criminal Groups & Organisations

    ‘Criminal Organisation’ means an organisation that has been declared by the Court, on application by the Police Commissioner, as a criminal organisation.


    ‘Criminal Group’ means three or more people who have as their objective or one of their objectives:  


    • Obtaining material benefits from conduct that constitutes a serious indictable offence; 
    • Obtaining material benefits from conduct engaged in outside NSW (including outside Australia) that, if it occurred in NSW, would constitute a serious indictable offence; 
    • Committed serious violence offences; or  
    • Engaging in conduct outside NSW (including outside Australia) that, if it occurred in NSW, would constitute a serious violence offence. 

  • 'Serious Indictable Offenses' & Money Laundering

    ‘Serious Indictable Offence’ is an offence which carries the maximum penalty is 5 years imprisonment or more.

  • Serious Violence Offenses & Money Laundering

    ‘Serious Violence Offence’ means an offence which is punishable by imprisonment of 10 years or more where the alleged conduct includes: 


    • Loss of a person’s life or serious risk of loss of a person’s life; 
    • Serious injury to a person or serious risk of serious injury to a person;
    • Serious damage to property in circumstances endangering the safety of any person; or 
    • Perverting the court of justice in relation to any alleged conduct would, if proven, constitute a serious violence offence. 

  • Understanding 'Serious Criminal Activity'

    ‘Serious Criminal Activity’ means: 


    • Committing a serious criminal offence, such as supply prohibited drugs, cultivating prohibited drugs, possession of prohibited firearm, or an offence punishable by 5 years imprisonment or more; and/or  
    • Obtaining material benefits from conduct that constitutes any such offence. 

Fraud & money laundering legislation can be incredibly complex and convoluted. The laws surrounding these offences continuously evolve to keep pace with the ever-changing tactics employed in the digital age and the dark web.

The complexities surrounding fraud and money laundering legislation necessitate the assistance of an experienced Jackson John Criminal Defence Lawyer when faced with charges.

Why Jackson John Defence Lawyers?

Seeking the Expertise of an experienced Jackson John Criminal Defence Lawyer can position the accused the best possible outcome in their legal proceedings.

What defences are available for Money Laundering?

There are several possible defences to charges of this nature. One defence is that you had no knowledge that the money or assets you were dealing with were the proceeds of criminal activity. If you had no idea that the money or assets were derived from illegal activities, you may be able to argue that you lacked the necessary intent to commit the offence.

Another defence is that you were acting in good faith and taking reasonable steps to prevent money laundering. For example, if you're a financial institution or a professional such as a lawyer or accountant, you may be able to argue that you had robust anti-money laundering procedures in place and that you followed them diligently. If you can demonstrate that you took reasonable steps to prevent money laundering, this can be a strong defence against charges.

A third defence could be that you were coerced or threatened into committing the offence. If you can prove that you were forced to launder money against your will, this can be a valid defence. However, it's important to note that this defence is difficult to prove and requires strong evidence.

If you're facing charges of money laundering, it's important to seek legal advice as soon as possible. The skilled lawyers at Jackson John Defence Lawyers can assess your case and help you determine the best defences to pursue. With the right legal representation, you may be able to avoid a conviction or reduce the severity of the charges against you.

  • Knowledge Defense

    One possible defense is arguing that you had no knowledge that the money or assets involved were the proceeds of criminal activity. Lack of awareness regarding their illegal origins can be used to show that you didn't intend to commit the offense.

  • Good Faith & Prevention

    Another defense involves demonstrating that you acted in good faith and took reasonable steps to prevent money laundering. For instance, if you're a financial institution or a professional like a lawyer or accountant, you can assert that you had effective anti-money laundering procedures in place and diligently followed them.

  • Coercion or Threat Defence

    A third defense is claiming that you were coerced or threatened into committing the offense. To use this defense, you must provide strong evidence that you were forced to launder money against your will. Keep in mind that proving coercion can be challenging.

  • Seek Legal Advice

    If you're facing money laundering charges, it's crucial to consult with a lawyer as soon as possible. The experienced attorneys at Jackson John Defence Lawyers can assess your case and help you determine the most suitable defenses to pursue. With skilled legal representation, you may be able to avoid a conviction or reduce the severity of the charges against you.

Why Jackson John Defence Lawyers?

Our experienced team of lawyers specialise in navigating the bail system. We are committed to protecting your rights and working tirelessly to secure your release under the most favourable terms possible.

Directing & Participating in Criminal Group Charges

The laws relating to directing and participating in criminal group charges in NSW are complex and carry severe penalties, including lengthy prison sentences. If you or a loved one is facing these charges, it is important to understand the law and possible defences that may be available to you. The team at Jackson John Defence Lawyers have extensive experience in this area of law and can assist you mount an effective defence.

In NSW, directing and participating in criminal group charges fall under the Crimes Act 1900 (NSW). Section 93T of the Act defines a criminal group as a group of three or more people who have as their purpose, or one of their purposes, the commission of serious criminal offences. These offences can include drug trafficking, money laundering, and violent crimes.

It is an offence to direct the activities of a criminal group or participate in the activities of a criminal group. Directing a criminal group means that you are the leader or one of the leaders of the group and have control over its activities. The maximum penalty for this type of offending is 10 years imprisonment. Participating in a criminal group means that you are a member of the group and are involved in its activities, which has a lesser maximum penalty of 5 years imprisonment.

Are there any defences?

If you are facing directing and participating in criminal group charges in Sydney or across NSW, there are several possible defences that may be available to you. These include:

  • Lack of Knowledge

    If you were unaware that the group was involved in criminal activities, you may be able to argue that you did not have the necessary knowledge to be held responsible for the group's actions.

  • Lack of Intention

    If you did not intend to direct or participate in the criminal group's activities, you may be able to argue that you were not responsible for its actions.

  • Duress or Coercion

    If you were forced or coerced into directing or participating in the criminal group's activities, you may be able to argue that you were acting under duress and should not be held responsible.

  • Mistaken Identity

    If there is a case of mistaken identity and you were not involved in the criminal group's activities, you may be able to argue that you are not responsible for its actions.

  • Unlawful Evidence

    If the evidence used against you was obtained unlawfully, such as through an illegal search or seizure, you may be able to argue that it should not be used in court.

Directing and participating in criminal group charges in NSW are serious offences that carry severe penalties.

If you are facing these charges, it is important to understand the law and possible defences that may be available to you.

The team at Jackson John can provide you with the expert legal advice and representation you need to achieve a favourable outcome in your case.

Contact us today to schedule a free 15-minute* phone consultation.

Why Jackson John Defence Lawyers?

Our experienced team of lawyers specialise in navigating the bail system. We are committed to protecting your rights and working tirelessly to secure your release under the most favourable terms possible.

Identity Fraud, Theft & Dealing with Identification Information

Identity fraud and theft are more commonly known as 'Dealing with Identification Information' in legal terms. This legal domain encompasses a broad spectrum of activities, including the possession of stolen or fraudulently obtained identification documents, the fabrication of false records, and the fraudulent use of identity information.

What You Need to Know

  • What is 'Dealing with Identification Information'?

    This offence includes activities such as possessing stolen or fraudulently obtained identification documents, creating false documents, or using identity information to commit a fraud. A person who deals with identification information with an intent to commit, or facilitate the commission of, an indictable offence is liable to a maximum term of imprisonment of 10 years. 

  • Defining 'Deal' in Identification Information

    ‘Deal’ in identification information means to make, supply, or use.

  • What Counts as 'Identification Information'

    ‘Identification Information’ means information relating to a person (whether living or dead, real or fictitious, or an individual or body corporate) that is capable of being used (whether alone or in conjunction with other information) to identify or purportedly identify the person and includes the following: 


    • A name or address; 
    • A date or place of birth, marital status, relative's identity or similar information; 
    • A driver licence or driver licence number; 
    • A passport or passport number; 
    • Biometric data; 
    • A voice print; 
    • A credit or debit card, its number or data stored or encrypted on it; 
    • A financial account number, username or password; 
    • A digital signature; 
    • A series of numbers or letters (or both) intended for use as a means of personal identification; or 
    • An ABN. 

Exploring Potential Defences in Identity Theft Cases

There are several defences that our skilled criminal defence lawyers at Jackson John can use to help you avoid a conviction.

  • Challenging the Intent to Commit Offense

    One possible defence is to argue that you did not intend to use the identity information to commit an offence. This can be particularly relevant in cases where the defendant had possession of stolen or fraudulently obtained identification documents but did not use them to commit any crimes.

  • Unknowingly Obtained Information

    Another possible defence is to argue that the identity information was obtained without the defendant's knowledge or consent. For example, if someone else had used the defendant's identity information to commit a crime, the defendant may be able to argue that they were not aware of the activity and therefore cannot be held liable for it.

  • Innocent Possession

    It is also possible to argue that the identity information was not used in a way that facilitated the commission of an offence. For example, if the defendant had possession of a false identification document but did not use it to obtain any benefits or commit any crimes, they may be able to argue that they did not intend to commit any offences.

If you have been charged with an offence related to identity theft in NSW, it is important to seek legal advice as soon as possible.

Contact us today so we can assess the evidence against you, identify any possible defences, and work to achieve the best possible outcome in your case.

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