This article was written by Michelle Makela - Legal Practice Director
Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...
Obtaining Credit by Fraud (NSW)
The maximum penalty for the offence of obtaining credit by fraud is one year imprisonment. In New South Wales, this offence is governed by the Crimes Act 1900.
Jurisdiction
Where the value of the property charged exceeds $5000, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
Where the value of the property charged does not exceed $5000, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
What must be proven?
In order for the police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
- The accused incurred a debt or liability.
- In the course of the transaction, the accused obtained credit.
- By a false pretence or wilfull false promise with intent to defraud or by fraud.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
The legislation
Section 178C of the Crimes Act states:
Whosoever incurring any debt or liability obtains credit by any false pretence or by any wilfully false promise or partly by a false pretence and partly by a wilfully false promise or by any other fraud shall be liable to imprisonment for one year.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.