In NSW, Part 4 of the Crimes Act 1900 deal with stealing and other such offences. More specifically, Part 4AA and deal with offences relating to fraud. Each of these offences are considered very seriously, as evidenced by the fact that all offences under Part 4AA carry a maximum penalty of a term of imprisonment. Depending on the specific offence charged, the maximum terms of imprisonment available to the Court range from five (5) to seven (7) years. Furthermore, there is an option for each offence under this section to be finalised in the District Court, at the prosecutor or defendant’s election, on assessment of the severity of the charge. One major factor in determining whether an offence under this Part is to be finalised in the Local or the District Court will be the amount of money, or the value of property the charge relates to.
These offences are considered exceptionally serious given that they require an element of dishonesty, and always involve either one or more parties being financially disadvantaged, or one or more parties gaining a financial advantage they were not otherwise entitled to. It is not uncommon for offences under this Part to be charged with respect to large sums of money, or property of high value. Parliament’s view is that these offences would have ongoing and wide-reaching ramifications for businesses as well as the wider community. It is for that reason that they attract such high maximum penalties.
The following pages outline the offences contained in Part 4AA of the Crimes Act relating to fraud and sets out what the Prosecution must prove to successfully prosecute you, as well as the maximum penalties for and examples of each offence. If you have been charged with an offence under this Part, it is imperative that you seek expert legal advice promptly.
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If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.