Technology has made astronomical leaps. With many people opting for buying, doing business, and even dating online, committing fraud has become easier.
The Australian Bureau of Statistics states that 11 percent of Australians had to deal with fraud between 2020 and 2021. This amounts to higher than two million people, and in 2014-15 this percentage stood at 8.5%.
Fraud in Victoria involves different offences, including deception (such as deceptively getting property or a financial benefit) and falsifying documents or accounting records.
If you are the victim of fraud or have been charged with fraud or any related deception offences, speak to one of our experienced criminal defence lawyers for legal assistance.
Acquiring Property by Deception
Section 81 of the Crimes Act 1958 (the Act) states that it is an offence for you to act deceptively and dishonestly to get or take another’s property. For this crime to be proven, there must be an intention to take away the valid owner’s property for good.
The maximum punishment for this crime is ten years imprisonment.
Property has a broad meaning as per Section 82 of the Act.
It involves the following:
- Real property-Land or anything permanently fixed to it
- Personal property-Goods
- Money
- Intangible property- Copyright and rights in inventions of the mind, shares, etc.
The property that is taken must belong to another person. Property belongs to another person if that person has or is in control of it or has a right or interest in it, and this is different from property that has been abandoned.
Acquiring Financial Benefit by Deception
Section 82 of the Act deals with this offence. This occurs when someone untruthfully gets a financial benefit for themselves or someone else.
The maximum punishment for this offence is ten years of jail time.
Financial advantage has a broad meaning. It means something that makes your finances better.
What Does Deception Entail
Deception, as it relates to fraud, is defined in Section 81 (4) of the Act. It involves words or acts about facts or the law that are untruthful.
The law states that it is deception when you alter a machine or computer so that it acts in a way that you do not have the authority to make it act. For instance, using someone else’s card and password to take out cash from an ATM without their permission is deceptive.
Deception must be either:
- Intentional; or
- Reckless: This means that you say or do something while knowing there is a high chance that it might be deceptive and continuing nonetheless.
Deception must have caused you to get the property.
Dishonesty
Dishonesty, as it relates to fraud, means you get the property without believing you have a right to it.
Everyday Situations That Lead to Fraud Charges
Most people charged with fraud or deception offences in Victoria are not career criminals. The charge often grows out of an ordinary situation:
- Centrelink and other benefits: failing to declare income or a change in circumstances.
- Workplace matters: false invoices, inflated expense claims, or misusing a company card.
- Online marketplaces: taking payment for goods that were never sent or did not exist.
- Applications: providing false documents or income details to obtain finance, a lease, or credit.
- Using another person's identity or card details to obtain money or goods.
In many of these situations, the line between a mistake and a criminal offence comes down to what you knew and intended at the time.
How Fraud Differs From Theft, Robbery and Burglary
Fraud sits within a wider family of property and dishonesty offences, but it is proven differently. Theft involves dishonestly taking someone else's property without the owner being tricked, and you can read more about how a criminal defence lawyer can assist with theft matters. Robbery is theft carried out with force or the threat of force, which we explain in instructing a criminal defence lawyer on a robbery charge. Burglary centres on entering a building as a trespasser with a criminal intent, something we cover in our criminal defence lawyer's insights into burglary.
What sets fraud apart is the element of deception. The prosecution must show that the property or benefit was obtained because someone was misled. If it was not, or if you honestly believed you were entitled to what you received, the charge may not be made out.
How Fraud Matters Are Investigated
Fraud allegations are usually document-heavy. Investigators commonly gather bank statements, emails, phone records, and system logs before they ever speak to a suspect, so by the time police call you in for an interview the investigation may have been running for months. Because these cases turn on your state of mind, the record of interview is often the most important evidence in the whole prosecution.
If police contact you about a suspected fraud:
- Be polite, but do not try to explain your side of the story on the spot.
- You are generally entitled to remain silent apart from providing your name and address.
- Do not delete emails, messages, or records.
- Speak to a lawyer before any interview, not after. Advice at this stage can shape the entire case.
How a Defence Lawyer Can Help
An experienced lawyer will test every element of the charge: whether there was actually a deception, whether it caused the property or benefit to change hands, and whether you acted dishonestly rather than under an honest belief. In appropriate cases, your lawyer can negotiate with the prosecution to have charges withdrawn, downgraded, or resolved in a way that limits the damage to your record, career, and reputation. Our fraud and dishonesty offence lawyers in Melbourne handle these matters regularly and can advise you from first police contact to final hearing.
Contact A Criminal Defence Lawyer Today
Access to information has made it easy to get involved in fraudulent activities. Maybe you saw an opportunity to make a quick buck and knowingly or unknowingly committed fraud. On the other hand, you might be a victim of fraud yourself. Wherever you stand, you will benefit from speaking to a criminal defence lawyer who is an expert in this area.
