What is the penalty for Fraud or Obtain Benefit by Deception?

What is the penalty for Fraud or Obtain Benefit by Deception?

What is Fraud or Obtaining a Benefit by Deception?

Fraud is a criminal offence that essentially requires the prosecution to prove that you obtained financial or material by committing an act of deception.

Section 192E of the Crimes Act 1900 states that Fraud is committed when:

1. The accused commits an act of deception; and by that act;
2. obtains property belonging to another, or obtains a financial advantage or causes financial disadvantage; and
3. The obtaining of that property or advantage or causing of that loss is dishonest.

For more information on defending Fraud or Obtain Benefit by Deception charges, or to see case studies where we have successfully represented others, click here.

What is the penalty for Fraud or Obtain Benefit by Deception?

The maximum penalty for fraud or obtain benefit by deception is 10 years imprisonment.

The likely penalty will vary, depending on a number of factors, including:

• The value of the property or money obtained,
• Your personal circumstances and why you committed the offence,
• The extent of the dishonesty, for example how long you continued to deceive the victim,
• Your criminal history,

and many others.

For more information on penalties, click here.

What if it is my first offence?

If it is your first offence, the penalty for Fraud can range from a fine, to Community Service or a sentence of full time imprisonment. However, it is unlikely that you will receive a sentence of full time imprisonment if it is your first offence.

Can I get a Section 10 if it is my first offence?

If it is your first offence, it is possible to get a Section 10, and avoid a criminal conviction. The statistics show that 27% of offenders who plead guilty in the local court achieve a Section 10, without conviction!

For more information on Section 10, and to see case studies where we have achieved Section 10s for our clients, click here.

Will I go to jail for Fraud?

A lot will depend on the extent of the Fraud, that is, how much or the value of the property that was obtained. For example, there is a real chance that you will go to jail for the offence if hundreds of thousands of dollars was lost by the victim.

It is very important that you contact LY Lawyers immediately on 1300 595 299 if you have been charged with any Fraud type offence. We offer free consultations to discuss all of your options.