Fraud

Fraud offences in New South Wales (NSW) are primarily governed by the Crimes Act 1900 and cover a number of areas.

Types of Fraud:

    • General Fraud: Involves obtaining property or financial advantage by deception or causing financial disadvantage to another person using dishonest means.

    • Forgery: This includes identify fraud and involves creating or using false documents with the intent to deceive.

General Fraud

A typical fraud offence is found at Section 192E of the Crimes Act 1900 (NSW) which provides:

    • A person commits fraud if, by any deception, they dishonestly:

      • Obtain property belonging to another, or

      • Obtain any financial advantage or cause any financial disadvantage

The Maximum Penalty for fraud under this section is 10 years imprisonment

Additional Considerations:

    • A person's obtaining of property may be considered dishonest even if they are willing to pay for it.

    • A person can be convicted of fraud involving a general deficiency in money or property, even if the deficiency consists of multiple sums or items obtained over time.

    • A conviction for fraud can be an alternative verdict to a charge of larceny, and vice versa.

Forgery

Forgery offences in New South Wales (NSW) are taken very seriously and are governed by the Crimes Act 1900 (NSW). Here’s an analysis of the key forgery offences:

  1. Making False Documents (Section 253):

    • Definition: Creating a false document with the intention that it will be used to deceive.

    • Examples: Forging signatures on legal documents, creating fake identification, fabricating financial records.

Maximum Penalty: Up to 10 years imprisonment.

  1. Using False Documents (Section 254):

    • Definition: Using a false document knowing it is false, with the intent to deceive.

    • Examples: Using counterfeit cheques or credit cards, presenting forged corporate documents, using fake academic credentials.

    • Penalty: Up to 10 years imprisonment.

  1. Possession of False Documents (Section 255):

    • Definition: Possessing false documents with the knowledge of their falsity and the intention to use them for deceptive purposes.

    • Penalty: Up to 10 years imprisonment.

  1. Possession of Equipment for Making False Documents (Section 256):

    • Definition: Possessing equipment intended for making false documents.

    • Penalty: Up to 10 years imprisonment.

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