About Fraud
Learn more about fraud charges in WA.
When you're ready make a quick enquiry.
- Our Process
- The Law
- Possible Defences
- Possible Outcomes
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alleged fraud offence in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our fraud lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with fraud experience
Meet with lawyers who have successfully represented clients charged with fraud offences.
- Past Cases
- Good Results
- Happy Clients
Fraud
Criminal code offence
Section 409
“Any person who, with intent to defraud, by lying or any other fraudulent means and;
- obtains property from any person; or
- induces any person to deliver property to another person; or
- gains a benefit, monetary or otherwise, for any person (including themselves); or
- causes a detriment, monetary or otherwise, to any person; or
- induces any person to do any act that the person is not required to do; or
- induces any person to abstain from doing any act that the person is entitled to do
is guilty of a crime.
Elements of the offence
Fraud is where a person intentionally defrauds another by dishonesty or any other fraudulent conduct.
The following conducts constitute a crime of fraud:
- To obtain property or to persuade any person to deliver property to another person;
- To gain a benefit or cause loss or otherwise, to another person;
- To persuade any person to withdraw from acting lawfully;
- To persuade any person to withdraw from any act that the person is lawfully entitled to do.
Essentially a fraudulent act requires a benefit to come to one person and usually encompasses a detriment coming to the person defrauded. Fraud can encompass obtaining property by way of inducements, or inducing a person to do an act (or not do an act) that they are legally entitled not to do (or to do).
The most common type of fraud is where someone takes from another for their own benefit or the benefit of another.
What the Police & Prosecution must prove in court to secure a stealing criminal conviction
- The onus is always on the Prosecution to prove the elements of the offence.
- The Prosecution for this offence will be the WA Police or the Office of the Director for Public Prosecutions (ODPP), “State Lawyers”.
- This type of offence is called an either way offence. This means that it can be dealt with by Police and a Magistrate in the Magistrates Court or the State lawyers and a Judge in the District Court.
- The Police Prosecutions or State lawyers must prove the elements of the offence beyond a reasonable doubt. This is the highest standard of proof known to the law, although it is not unreachable.
- The Prosecution must prove the elements of the offence, being:
For this offence, the prosecution must prove the following elements beyond reasonable doubt:
- ‘A person’ intentionally involved in a fraudulent act or course of conduct;
- The act was dishonest or an inducement; and
- The person gained benefit through the fraudulent conduct, or cause detriment to another as a result of the conduct.
How they might prove this
- The Prosecution may rely upon witness statements from witnesses, Investigating Officers, Police Officers, civilian witnesses and the complainant.
- Often compute data and bank transaction analysis is used to determine and follow monetary transactions alleged to be fraudulent.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with fraud experience
Meet with lawyers who have successfully represented clients charged with fraud offences.
- Past Cases
- Good Results
- Happy Clients
If we can prove one of these defences together...
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
No fraudulent act
It is a defence to prove that no actual fraudulent conduct occurred on behalf of the Accused person.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with fraud experience
Meet with lawyers who have successfully represented clients charged with fraud offences.
- Past Cases
- Good Results
- Happy Clients
What’s taken into account if you’re found guilty...
- The circumstances of the fraudulent offence
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
Prison sentence
If the victim of the alleged fraud is aged 60 years or over, the offender is liable to imprisonment for up to 10 years. They will be sentenced on indictment by a Judge in the District Court of Western Australia.
In any other case the offender will be sentenced in the District Court and may be liable to imprisonment for up to 7 years.
Alternatively, if the value of the property obtained or delivered, or benefit or detriment caused is less than $10,000, the matter can be heard summarily in the Magistrates Court.
The maximum penalty that can be imposed where the person defrauded is 60 years or over, is imprisonment for up to 3 years.
Alternatively, if the matter is heard in the Magistrates Court the offender may be liable to imprisonment for 2 years.
Fine
A fine is an amount of money that a judge, magistrate or justice of the peace in court may order you to pay as a penalty for committing an offence. A fine may be the whole sentence (penalty) or just part of the sentence you receive for the offence. You may be handed a fine by a magistrate when found guilty of stealing
The maximum fine that can be imposed where the person defrauded is 60 years or over, is $36,000.00.
Alternatively, if the matter is heard in the Magistrates Court the offender may be liable to a fine of $24,000.00.
Your solicitor can assist you in terms of ensuring you recieve the lowest fine possible through a process of mitigation.
If a court imposes a fine on you, you have 28 days to pay that fine and any court costs that were also ordered to be paid. The total amount of fine and costs is referred to as your “fine” when it comes to payment and enforcement of payment.
Not guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with fraud experience
Meet with lawyers who have successfully represented clients charged with fraud offences.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alleged fraud offence in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our fraud lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with fraud experience
Meet with lawyers who have successfully represented clients charged with fraud offences.
- Past Cases
- Good Results
- Happy Clients
The Law
Fraud
Criminal code offence
Section 409
“Any person who, with intent to defraud, by lying or any other fraudulent means and;
- obtains property from any person; or
- induces any person to deliver property to another person; or
- gains a benefit, monetary or otherwise, for any person (including themselves); or
- causes a detriment, monetary or otherwise, to any person; or
- induces any person to do any act that the person is not required to do; or
- induces any person to abstain from doing any act that the person is entitled to do
is guilty of a crime.
Elements of the offence
Fraud is where a person intentionally defrauds another by dishonesty or any other fraudulent conduct.
The following conducts constitute a crime of fraud:
- To obtain property or to persuade any person to deliver property to another person;
- To gain a benefit or cause loss or otherwise, to another person;
- To persuade any person to withdraw from acting lawfully;
- To persuade any person to withdraw from any act that the person is lawfully entitled to do.
Essentially a fraudulent act requires a benefit to come to one person and usually encompasses a detriment coming to the person defrauded. Fraud can encompass obtaining property by way of inducements, or inducing a person to do an act (or not do an act) that they are legally entitled not to do (or to do).
The most common type of fraud is where someone takes from another for their own benefit or the benefit of another.
What the Police & Prosecution must prove in court to secure a stealing criminal conviction
- The onus is always on the Prosecution to prove the elements of the offence.
- The Prosecution for this offence will be the WA Police or the Office of the Director for Public Prosecutions (ODPP), “State Lawyers”.
- This type of offence is called an either way offence. This means that it can be dealt with by Police and a Magistrate in the Magistrates Court or the State lawyers and a Judge in the District Court.
- The Police Prosecutions or State lawyers must prove the elements of the offence beyond a reasonable doubt. This is the highest standard of proof known to the law, although it is not unreachable.
- The Prosecution must prove the elements of the offence, being:
For this offence, the prosecution must prove the following elements beyond reasonable doubt:
- ‘A person’ intentionally involved in a fraudulent act or course of conduct;
- The act was dishonest or an inducement; and
- The person gained benefit through the fraudulent conduct, or cause detriment to another as a result of the conduct.
How they might prove this
- The Prosecution may rely upon witness statements from witnesses, Investigating Officers, Police Officers, civilian witnesses and the complainant.
- Often compute data and bank transaction analysis is used to determine and follow monetary transactions alleged to be fraudulent.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with fraud experience
Meet with lawyers who have successfully represented clients charged with fraud offences.
- Past Cases
- Good Results
- Happy Clients
Possible Defences
If we can prove one of these defences together...
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
No fraudulent act
It is a defence to prove that no actual fraudulent conduct occurred on behalf of the Accused person.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with fraud experience
Meet with lawyers who have successfully represented clients charged with fraud offences.
- Past Cases
- Good Results
- Happy Clients
Possible Outcomes
What’s taken into account if you’re found guilty...
- The circumstances of the fraudulent offence
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
Prison sentence
If the victim of the alleged fraud is aged 60 years or over, the offender is liable to imprisonment for up to 10 years. They will be sentenced on indictment by a Judge in the District Court of Western Australia.
In any other case the offender will be sentenced in the District Court and may be liable to imprisonment for up to 7 years.
Alternatively, if the value of the property obtained or delivered, or benefit or detriment caused is less than $10,000, the matter can be heard summarily in the Magistrates Court.
The maximum penalty that can be imposed where the person defrauded is 60 years or over, is imprisonment for up to 3 years.
Alternatively, if the matter is heard in the Magistrates Court the offender may be liable to imprisonment for 2 years.
Fine
A fine is an amount of money that a judge, magistrate or justice of the peace in court may order you to pay as a penalty for committing an offence. A fine may be the whole sentence (penalty) or just part of the sentence you receive for the offence. You may be handed a fine by a magistrate when found guilty of stealing
The maximum fine that can be imposed where the person defrauded is 60 years or over, is $36,000.00.
Alternatively, if the matter is heard in the Magistrates Court the offender may be liable to a fine of $24,000.00.
Your solicitor can assist you in terms of ensuring you recieve the lowest fine possible through a process of mitigation.
If a court imposes a fine on you, you have 28 days to pay that fine and any court costs that were also ordered to be paid. The total amount of fine and costs is referred to as your “fine” when it comes to payment and enforcement of payment.
Not guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with fraud experience
Meet with lawyers who have successfully represented clients charged with fraud offences.
- Past Cases
- Good Results
- Happy Clients
