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Fraud

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Fraud

Fraud is a crime under s408C where the sole basis of criminality comes from the proof of dishonesty.  The crime of fraud overlaps with the crime of stealing where people can be found guilty of both with similar fact situations.

S408C makes it a crime for any person who dishonestly:

• Applies to their own use of the use of another person:
  • Property belonging to another; or
  • 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
• Obtains property from any person;
• Induces any person to deliver property to any person;
• Gains a benefit or advantage, pecuniary or otherwise, for any person;
• Causes a detriment, pecuniary or otherwise, for any person;
• Induces any person to do an act which the person is lawfully entitled to abstain from doing;
• Induces any person to abstain from doing any act which that person is lawfully entitled to do;
• 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.

For the purpose of fraud property is defined in s1 and has a very wide definition.

The maximum penalty for Fraud is 5 years imprisonment. However in some cases the maximum will increase to 12 years, for example where the offender is an employee of the victim or where the property gained or detriment caused is of or exceeds $30000.

An example of this is found in R v. Mill [2007] QCA 150, where the appellant was charged with dishonestly applying to his own use the use of another sum of money belonging to a company of which he was the director.

Office Location and Contact Details

Brisbane

Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000

Ph: 07 3229 4459
Fax: +617 3211 9311
E: enquiries@awbrisbanelawyers.com.au