Fraud & Related Offences

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.

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, like the team at Jackson John, who can help you navigate the legal system and protect your rights.

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.

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.

If you are facing directing and participating in criminal group charges in 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.

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.

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

‘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.

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

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.

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