Fraud 2018-06-09T08:27:55+00:00

Fraud

In order to prove that the alleged act was done so dishonestly the prosecution must prove that by the standards of ordinary honest people the alleged act was dishonest.

Fraud – s 408C Criminal Code

Section 408C of the Criminal Code 1899 provides that:

(1) A person who dishonestly —
(a) applies to his or her own use or to the use of any person—
(i) property belonging to another; or
(ii) property belonging to the person, or which is in the person’s possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person; or
(b) obtains property from any person; or
(c) induces any person to deliver property to any person; or
(d) gains a benefit or advantage, pecuniary or otherwise, for any person; or
(e) causes a detriment, pecuniary or otherwise, to any person; or
(f) induces any person to do any act which the person is lawfully entitled to abstain from doing; or
(g) induces any person to abstain from doing any act which that person is lawfully entitled to do; or
(h) makes off, knowing that payment on the spot is required or expected for any property lawfully supplied or returned or for any service lawfully provided, without having paid and with intent to avoid payment;
commits the crime of fraud.
Penalty: Maximum penalty—5 years imprisonment.

There are additional circumstances which further increases the maximum penalty to 20 years imprisonment.

In order to prove that the alleged act was done so dishonestly the prosecution must prove that by the standards of ordinary honest people the alleged act was dishonest. It also must be proven that the accused person realised that what they were doing was dishonest by those standards.

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