What Is Considered Fraud Under NSW Law?
The main ‘fraud’ offence is referred to as ‘dishonestly obtaining financial advantage or causing financial disadvantage, by deception’. It is prescribed in section 192E of the Crimes Act 1900 (NSW). It criminalises conduct in circumstances where you act in a manner considered dishonest and deceptive, in order to obtain a financial advantage or cause a financial disadvantage.
‘Deception’ is defined by the law as any deception by words or other conduct, as to fact or as to law, including a deception as to the intentions of the person using the deception or any other person. It also includes 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.
‘Dishonestly’ is not defined by the legislation and is instead judged objectively by the standard of the ‘ordinary person’ test, which necessitates a community-based moral judgement.
For example, deception and acting dishonestly could involve where you agree to sell someone a used phone online, taking their payment, but in reality, you never had a used phone to sell or any intentions of actually providing it to the purchaser.
Other examples of fraud charges include using false documents to secure a loan, or misusing funds of a company or business (i.e., receiving payments into a personal account instead of a business account).
Fraud can occur in personal, employment and corporate contexts. It is important to remember that even small-scale or one-off acts can lead to serious charges.
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What Must the Prosecution Prove in a Fraud Case?
The Prosecution are required to prove beyond a reasonable doubt that:
You obtained property belonging to another, or
You obtained a financial advantage or caused a financial disadvantage, and
You did so by deception and dishonestly, and
You knew the actions were dishonest.
The Prosecution is not required to prove that the other party deceived, suffered the loss, and it is immaterial whether the financial advantage or disadvantage is permanent or temporary. However, they are required to highlight that the obtaining of a financial advantage or the causing of a financial disadvantage was the result of your deception.
Penalties and Sentencing for Fraud Offences
The maximum penalty for an offence of obtaining financial advantage or causing financial disadvantage by deception is 10 years imprisonment, as per section 192E of the Crimes Act 1900 (NSW).
However, it is important to note that it is classified as a ‘table 1’ offence. This means that it will be dealt with summarily in the Local Court unless the prosecution or defence elects for the matter to be heard in the District Court.
In the Local Court, the maximum penalty that the court can impose is limited to 2 years imprisonment and/or a $11,000 fine, for a single offence, and 5 years’ imprisonment for multiple offences.
The scale of the fraud involved and the size of the financial loss or gain will be a large determining factor in whether the matter is prosecuted in the Local or District Court.
The actual penalty imposed will depend on the sum of money or value of the property involved, the methods used (i.e., whether it involved a breach of trust), your role in the fraud if there were others involved, and it was a part of the broader scheme, the time it went on for, and whether there has been repeat offending.
There are a multitude of different charges related to fraud other than under section 192E. Some of these are Commonwealth offences, including those related to where Centrelink or NDIS are defrauded. These offences are applicable Australia-wide and carry heavy maximum penalties
Factors That Influence Sentence
Factors that can ‘aggravate’ (i.e., make the matter more serious) include where there is a large monetary sum involved, multiple or continued offences, there is a breach of trust involved, and sophisticated planning. Factors that can ‘mitigate’ (i.e., make the matter less serious) include an early plea of guilty, where repayment is made, remorse is expressed, you have no prior record, and other subjective factors such as whether the offending occurred in extenuating circumstances or you were struggling with your mental health.
It is important to take steps such as seeking to organise repayment to the victim, expressing remorse through an apology letter, and attending counselling or other rehabilitative efforts to assist in reducing any applicable penalty. Rehabilitative efforts addressing gambling may often be important in fraud offences where this underlying issue is present.
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Defending Fraud Charges in NSW
If you are charged with fraud, some common defences include:
Claim of right (i.e., you honestly believed you were legally entitled to the property),
Mistaken identity,
You did not act dishonestly or deceptively,
No loss or benefit occurred,
False allegation.
Experienced legal representation is integral when defending fraud matters. There is often a wealth of financial records, electronic communications, and witness statements to examine. It is important to remember that prior to a matter proceeding to a defended hearing or trial, charges can be withdrawn or downgraded following engagement with the prosecution.
Why Acting Early on Fraud Allegations Matters
Early legal advice can assist by giving you a clear case plan from the beginning. It will be important to contact an experienced legal representative prior to your first court date. This will assist in ensuring you are entering the right pleas and are taking the matter in the right direction.
Fraud cases often involve complex evidence, including financial records, electronic data, and multiple witnesses. Early preparation enables your lawyer to analyse the prosecution brief, identify weaknesses, and negotiate with the prosecution before your first court appearance. In many cases, charges can be withdrawn or reduced before trial or hearing through strategic negotiation with the prosecution.
What to Do If You’ve Been Accused of Fraud
If you have been accused of fraud, it is integral to:
Not speak to the police or participate in an interview without speaking to a lawyer.
Gather all relevant records (bank statements, transfers, contracts, communications).
Write and note down your version of events.
Do not contact any of the alleged victims.
Call Elite Defence Lawyers for urgent advice and case strategy.
Taking action early provides the best chance of avoiding serious penalties and the confidence to proceed through the legal process with clarity.
Why Choose Elite Defence Lawyers for Your Fraud Case
At Elite Defence Lawyers, we specialise in defending fraud and dishonesty offences across the Local and District Courts. Our lawyers are experienced in complex matters involving financial fraud, identity theft, and corporate deception. We deliver discreet, strategic advice focused on protecting your reputation, employment, and future.
We provide 24/7 availability, fixed fees, and transparent communication, so you always know where you stand. With a strong record of withdrawn charges, downgraded offences, and non-conviction outcomes, our approach is both meticulous and client-focused. We work closely with forensic accountants, investigators, and expert witnesses to strengthen your defence.
If you’re facing fraud charges, don’t wait until your first court date. Contact our experienced fraud lawyers for immediate and confidential advice tailored to your situation.
