Fraud Charges Brisbane

Types of Fraud Charges in Brisbane

Fraud is a serious criminal offence, dealt with under section 408C of the Criminal Code Act 1899 (Qld). It’s important to firstly understand what is considered fraud.

A person commits the crime of fraud when they dishonestly:

• Use property belonging to another
• Obtain property from any person
• Induce any person to deliver property to any person
• Gain a benefit or advantage (financial or otherwise) for any person
• Cause a detriment (financial or otherwise) to any person
• Induce any person to do any act which the person is lawfully entitled to abstain from doing
• Induce any person to abstain from doing any act which that person is lawfully entitled to do
• Make off, knowing that payment on the spot is required or expected for any property lawfully supplied or returned for any service lawfully provided, without having paid and with intent to avoid payment.

Penalties for fraud range from fines, restitution, bonds, probation, intensive corrections orders and actual jail time. The maximum penalty for fraud is five years in jail. This actually increases to 14 years in circumstances where:

• The offender is a director or an officer of a corporation, and the victim is the corporation
• The offender is an employee of the victim
• The offender is or was an employer of the victim
• Any property in relation to which the offence is committed came into the possession or control of the offender subject to a trust
• The property, or the yield to the offender from the dishonesty, or the detriment caused, is of a value of at least $30,000 but less than $100,000

In addition, the maximum prison time increases to 20 years if:

• The property or the yield to the offender from the dishonesty, or the detriment caused, is of a value of at least $100,000
• The offender carries on the business of committing the offence

The actual penalty imposed by the Court will obviously depend on the circumstances, including the seriousness of the offence, the value of the fraud, and any criminal history or background of the individual.