Fraud Offences Western Australia
If you have been charged with Fraud in Western Australia it will most likely be pursuant to the Criminal Code of Western Australia. This is a very complicated area of criminal law and you should contact a lawyer straight away if you are charged with a fraud-related offence. For free general legal advice call one of our expert lawyers on (08) 6323 8613 or for after-hours legal advice phone: (08) 6323 8697
Typically, fraud is an intentional form of deception or dishonesty that is done to be able to gain a personal or financial advantage over another person or institution.
The following are situations that could constitute a crime of fraud:
- Encouraging, tempting, or doing a course of action that evades a liability to be able to gain money or property from another person;
- Use, fabrication and possession of forged materials that are intended to use for a personal or financial advantage over another;
- False conversion of money or goods with the intent of deception or taking control over money or goods without consent, this normally involves the selling of goods not owned by the seller or purchase of goods with money
- Not owned by the purchaser; and
Giving, accepting, or offering a reward that will gain an advantage over a person, property, or situation.
If you feel that you have been charged unfairly with fraud or are unsure if there is a defence due to circumstances, you should seek legal advice straight away. There may be defences available in relation to your fraud charges. In Western Australia, there are defences to a charge of fraud available pursuant to the Criminal Code of Western Australia as well as Case Law.
Fraud Penalties in Western Australia
Pursuant to Chapter XL of the Criminal Code a conviction of Fraud can have a penalty of seven (7) years imprisonment in Western Australia. In situations where there are aggravating factors like the complainant being over 60 years old, the maximum penalty can be ten (10) years.
Fraud is what is often called either way offence, this means that it can be heard in either the Magistrates Court or District Court depending on the circumstances alleged in the charge.
Fraud cases that are less serious are heard in the Magistrates Court with lower penalties on conviction.
Kean Legal Barristers and Solicitors can help you in any of these situations.
Worried about the likely penalty? Ready to get criminal lawyers for legal advice?
Call one of our expert lawyers at (08) 6323 8613
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