Can Fraud Charges be Dropped 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.