Under section 192E Crimes Act 1900 (NSW), it is an offence to obtain financial advantage or property by deception. This is also known as ‘Fraud’.

The offence of Fraud carries a maximum penalty of 10 years imprisonment.

It is important to note that maximum penalties are very rarely imposed and are reserved for the most serious of offenders

In order for you to be found guilty of Fraud, the prosecution have to prove beyond reasonable doubt that:

1. You received property/a financial advantage, or you caused financial disadvantage;

2. This advantage/disadvantage was caused by your ‘deceptive’ conduct;

3. Your conduct was also ‘dishonest’ and you knew it to be dishonest.

In order to be found guilty of the offence of under section 94, the police must prove the following elements:

Defences

1. There was no deceptive conduct;

2. You did not receive a financial advantage;

3. You didn’t cause a financial disadvantage;

4. Your conduct was not dishonest;

5. Mistaken Belief that you were entitled to financial advantage and that belief was reasonable.

There are serious consequences for pleading guilty to Fraud, so it is important that you seek the right legal advice and guidance before determining your plea.

It is a good idea to obtain a Psychological Report for sentence in order to provide the Judge with as much detail as possible about you in mitigation.

25% Utilitarian Discount

If you enter a Plea of Guilty to Fraud at the earliest opportunity, you will be afforded 25% utilitarian discount on sentence.