fbpx

Table of Contents

Can Fraud Charges be Dropped In NSW?

law bookshelf

Fraud constitutes a violation wherein deception is employed to illicitly acquire assets or gain a financial advantage or cause financial disadvantage. It also encompasses the utilisation of deceit to inflict monetary harm upon another party. The fundamental component of a fraud offence is the act of deceiving. In accordance with the Crimes Act 1900 (NSW), deception pertains to any form of misleading verbal expression or behaviour. To face charges for a fraud offence, it’s imperative that the misleading words or actions are both deliberate and heedless.

Understanding Fraud Charges in NSW

Fraud is categorised as a criminal offence under the laws of NSW. It encompasses a wide range of actions where deceptive practices are used to gain a financial benefit or property at the expense of another party. This can involve activities such as identity theft, credit card fraud, insurance fraud, and more. The severity of the charges and potential penalties vary based on the nature and scale of the fraudulent activity.

 

The Crimes Act 1900 (NSW) outlines the legal framework for fraud offences in the state. The Act defines fraud as the use of deception—whether through words, conduct, or other means—with the intent to gain an advantage or cause financial loss to another person. Deception can encompass various forms, including false representations, omissions of information, and misleading actions.

 

Section 192E of the Act stipulates that a person is guilty of fraud if the Court finds them guilty of;

 

  • Taking or appropriating a property that belongs to another (victim),
  • Makes a financial advantage illegally over another person (victim),
  • It causes a person (victim) to lose some financial advantage or property intentionally.

These definitions broadly consist of all acts of dishonesty, illicit gains, appropriation, scams, pranks, Ponzi schemes, and other acts of deception.

 

Accordingly, the keywords in this legal definition are;

 

  • Deception,
  • Dishonesty,
  • Illegal Obtaining/appropriation.

Section 192G delineates the offence of having the intention to defraud through the use of false or deceptive statements. A charge under this provision may be brought against an individual who, with dishonest intent, either personally makes or disseminates, or collaborates with others to make or disseminate, any statement that is inaccurately portrayed and misleading in order to gain property, achieve a financial benefit, or inflict financial harm. The highest possible penalty for this offence is a period of incarceration lasting up to 5 years.

 

In a parallel vein, Section 192H(1) elaborates on the ultimate offence that falls within the ambit of the ‘General Fraud’ classification. This offence revolves around harbouring the intent to deceive the constituents or creditors through false or deceptive statements delivered by an official of an entity. The stipulated punishment for this offence entails a maximum imprisonment term of 7 years.

The question of whether fraud charges can be dropped in NSW is a complex one. The decision to drop charges is not solely within the control of the alleged perpetrator or victim; rather, it involves several key factors that influence the legal proceedings. While it is possible for charges to be dropped under certain circumstances, it’s important to understand that the process is not straightforward and depends on various variables.

 

Factors Influencing Dropping of Charges

 

Insufficient Evidence

 

One of the primary reasons charges may be dropped by the police or director of public prosecution is if there is insufficient evidence to support the allegations. Prosecutors must establish a case with credible evidence to prove the elements of fraud beyond a reasonable doubt. If evidence is lacking or weak, the likelihood of charges being dropped or reduced increases.

 

Negotiations and Settlement

 

If the fraud charges are to be dealt with in the district court of NSW, the accused may negotiate with the prosecution for a plea deal or settlement at a case conference. This could involve agreeing to certain charges and facts. the negotiations under the EAGP regime is known as a case conference between the parties in NSW.

 

Witness Cooperation

 

If key witnesses become uncooperative or change their testimony, it can weaken the prosecution’s case and potentially lead to charges being dropped. This is very rare as most fraud cases are upon organisations.

Legal Process and Court Proceedings

The legal process in NSW involves several stages, including arrest, bail application, committal proceedings, and potentially a trial in the district court of NSW.

 

Arrest and Bail Application

 

Following an arrest, the accused may be police granted bail, allowing them to remain free until their court appearance, or apply for local court or supreme court bail. The court considers factors such as the seriousness of the offence, the strength of the evidence, and the potential flight risk when determining bail.

 

Committal

 

During the committal, the prosecution presents evidence to establish a prima facie case. If the evidence is weak or insufficient, the magistrate may dismiss the charges. Committal proceedings are rare in NSW after the introduction of the EAGP regime.

 

Case Conference

 

Before the case goes to trial, there may be opportunities for plea negotiations between the defence and prosecution. If a plea deal is reached, it could involve reduced charges, penalties, or dropped charges in exchange for cooperation or restitution.

 

Trial

 

If the case proceeds to trial by a jury or judge, the prosecution must prove the charges beyond a reasonable doubt. The defence has the opportunity to challenge the evidence presented and present their own case. If the evidence is weak or unreliable, the court may find the accused not guilty.

Need a Fraud Lawyer In Sydney?

Send An Online Enquiry

“Thank you Lyons Law Group on providing me an exceptional service delivered with care, compassion and a high level of professionalism. The outcome was more than what I had expected. A true reflection of your legal expertise and experience. Thank you Mohammad and team.”
Layalle Itaoui

Fraud Lawyer Sydney

Fraud charges and the legal process in NSW can be challenging and overwhelming. It’s crucial for anyone facing such charges to seek legal advice from an experienced criminal defence lawyer. While it is possible for fraud charges to be dropped in NSW under certain circumstances, the outcome depends on a range of factors including the strength of evidence and witness cooperation.

 

Contact our fraud lawyers in Sydney at Lyons Law Group. Our criminal lawyers will provide you 24/7 legal advice and assist you in preparing and defending your case.

Our Recent Articles

What Our Clients Say About Us

Mansoor RamzanMansoor Ramzan
16:17 15 Apr 24
Lyons Law Mohammed khan,hijran, and the team have done the fantastic work.The team is really knowledgeable, professional, and capable of doing the law work.I highly recommend Lyons lawyer and especially Mr. Khan.
Lyons lawyers, principal solicitor khan, Hijran and the staff have been absolutely fantastic, friendly and efficient in handling my DV matters.The team is thoroughly professional, highly knowledgeable and I couldn’t recommend them enough. If you are in need of a law firm that genuinely cares, I highly recommend Lyons lawyers.
Maan TVMaan TV
20:34 31 Jan 24
Best lawyer ,very kind and corporative staff. 100% satisfactory results.
Liv MLiv M
03:52 16 Jan 24
Md SajibMd Sajib
09:47 10 Jan 24
Nuralam MiaNuralam Mia
03:17 10 Jan 24
Md RiponMd Ripon
04:31 07 Jan 24
Nur MohammadNur Mohammad
11:02 05 Jan 24
Mshafiq786 ShafiqMshafiq786 Shafiq
10:26 26 Dec 23
SohagSohag
08:29 26 Dec 23
King AhmedKing Ahmed
04:00 26 Dec 23
Hijran has been the best and nicest lawyer there is
Muhammad Aslam sajidMuhammad Aslam sajid
10:41 20 Dec 23
Hani MakkiHani Makki
01:56 20 Dec 23
I engaged Hijran from Lyons Law. She was fantastic. She studied my case closely, even after understanding my record was well below average She decided to assist me. She conducted herself well, was always prompt, professional and helpful. She explained my best and worst outcome. She worked diligently and got me the best outcome NO CONVICTION!!! I would like to extend my gratitude to Hijran. Thank you so much.
Anowar SorkarAnowar Sorkar
01:25 20 Dec 23
Sana MollahSana Mollah
02:04 17 Dec 23
Aiyub Ahamed JabinAiyub Ahamed Jabin
13:54 15 Dec 23
MdAbul HossainMdAbul Hossain
02:23 15 Dec 23
Younus RahamanYounus Rahaman
22:49 12 Dec 23
SHAHIN HossainSHAHIN Hossain
11:49 08 Dec 23
Rubel HossenRubel Hossen
01:29 08 Dec 23
Aman UllahAman Ullah
03:15 06 Dec 23
Dennis BernalDennis Bernal
08:18 05 Dec 23
Lyons Law Group provides such a holistic experience. Such exceptional services and could not recommend, Mohammad, Hijran and the team enough. Sound communication and always going above and beyond. The team represented a family member of mine that achieved the best outcome because of the quality of work and time invested into the matter. From my family, to the dream team at Lyons Law Group, thank you!
Rezaul karim RanaRezaul karim Rana
01:47 03 Dec 23
MD. Ramim HassanMD. Ramim Hassan
09:27 30 Nov 23
hridoy hasan pipluhridoy hasan piplu
04:36 29 Nov 23
PM. ParvejPM. Parvej
04:49 27 Nov 23
ShantoShanto
03:55 26 Nov 23
Md Ismaile hossenMd Ismaile hossen
10:46 25 Nov 23
MD SohelMD Sohel
10:33 25 Nov 23
Sheikh SajibSheikh Sajib
10:12 23 Nov 23
Your MotherYour Mother
07:13 20 Nov 23
Legends!!
SophieSophie
02:22 23 Oct 23
"Absolutely fantastic lawyer! Enis Erdem is a true professional who handles cases with skill, dedication, and genuine concern for their clients. He kept me informed throughout the entire process, making sure I understood every step. Enis Erdem is not only knowledgeable but also empathetic, which made a stressful legal situation much more manageable. I can't thank him enough for their outstanding work!"Highly recommended
Bahaddin DibBahaddin Dib
04:59 10 Oct 23
I had Mr khan who is the principal solicitor represent me today, Mr khan fought for me all the way and got me the best result possible. I would highly recommend him for all your law matters and can confidently say that he strives his best for his clients.
Mash HasanMash Hasan
00:38 21 Sep 23
Thank you so much. Great team of criminal defence lawyers.
Joanna StobinskiJoanna Stobinski
02:18 03 Sep 23
I found Lyons Law to be pro-active and easy to work with when dealing with the recent court case of my son.
Joseph BorgJoseph Borg
22:50 02 Aug 23
Mohammad and the team at the Lyons Law Group are a great to work with, they are polite and go above and beyond to help. We are very happy with the assistance they provided our family. I'd highly recommend the team at Lyons Law Group!
Shofiul AzamShofiul Azam
03:32 19 Jul 23
Mr Khan has extensive knowledge of the law and I am very much delighted about his service.
Julie NJulie N
07:12 11 Jul 23
Mohamad and Hijran are professional and straight to the point team. Highly recommended.
samdani gsamdani g
05:35 22 Jun 23
Very friendly and hard working
Mohammad and his time are the greatest criminal lawyers I have dealt with, they are extremely professional and can assist with any cases, big or small.
DR BernoussiDR Bernoussi
04:16 07 Mar 23
Mr Khan was so polite and helpful in directing me to the best possible outcome for my situation. The amount of support and knowledge they offered me was next to none. I didn’t feel like I was being mislead or looked at like a piggy bank. Mr khan and his team have your best interest into getting the best outcome. Pleasure guys kind regards Dr bernoussi
Natasha SusmanNatasha Susman
09:20 26 Jan 23
Lyons Law Group is honestly outstanding ! Hijran especially, not only is she so professional but she does her best and always is there to answer all questions with such understanding. Hijran honestly goes above and beyond and I'll forever be grateful. I highly recommend Lyons Group.
steve .H.steve .H.
16:59 26 Dec 22
A big thank you to Lyons law group, very professional. Mohammad was exceptionally well and handled my case amazing as well as Hijran!!! They really care about your case, I highly recommend this company!
Norris “Chuck” LuNorris “Chuck” Lu
04:15 30 Nov 22
I cannot express my gratitude to the Lyons law team with a big special mention to Mohammad. Having spent the last few years enduring and coping with the most difficult and stressful situation of me and my family's life.I have been using Mohammad and the team at Lyons Law from day one. They guided us through each difficult process in the most professional manner with full transparency, care and compassion.Through each difficult process up to the very last moment they only delivered results that exceeded every and anything we could have expected. Every outcome was exactly as planned and in turn got amazing results.So once again I cannot recommend Mohammad and the team at Lyons law enough. So like I and my Family did, have confidence that Lyons law will always strive for and deliver the best possible outcome.
Omar MOmar M
01:31 16 Nov 22
A BIG thank you to Lyons Law Group with helping me achieve the best outcome for my case. From day one they were very professional, straight to the point and very easy to communicate with, keeping me updated and informed with everything I needed to know. Honestly, exceptional service and support.Thank you once again to Mohammad & Team.
Edward HindsEdward Hinds
05:59 07 Nov 22
Lyons Law Group is amazing. They are very professional, sympathetic, and helpful. I was kept informed during every step. The level of support was second to none. Mohammad went above and beyond and updated me regularly. Hijram too was amazing. Her calls and court representation made me feel at ease. This was a great experience. I cannot recommend Lyons Law Group enough. My gratitude extends to all involved in the handling of my case.
js_loader

Author

  • Lyons Law Group | Criminal Defence Lawyers

    Lyons Law Group is a boutique firm of expert criminal solicitors and barristers. Lyons Law Group is dedicated to strong advocacy when representing its clients with an approach that is tailored to every client’s specific needs.