Fraud


In Victoria, fraud offences are dealt with pursuant to sections 81-87 of the Crimes Act 1958.

Offences involving fraudulent behaviour are considered very serious by the court, as evidenced by the fact that each of the offences outlined below include an associated maximum penalty of imprisonment, ranging from ten to fifteen years for each offence.

Often alleged offences of this nature involve an abuse of power or trust, which is considered aggravating by the court. For example, an employee illegally obtaining funds from their employer by processing refunds directly to their own account would receive a more severe penalty because of the position of trust held by the accused. Similarly, a company director falsifying documents to avoid payments to a creditor would receive a more severe penalty because of their position of power and their abuse of that power.

Fraud offences may be heard in either the Magistrates’ Court or the County Court of Victoria. Factors such as the value of the alleged fraud, the duration of the fraud and the record of the accused will be relevant to the most appropriate forum for the hearing of a fraud offence.

If you have been charged with an offence involving fraud or deception, you must ultimately decide whether to plead guilty or not guilty to the offence/s against you. By entering a plea of guilty, a sentence hearing will be heard before a magistrate or judge. Your lawyer will make submissions on your behalf and the magistrate or judge will order a penalty against you. By entering a plea of not guilty, there will be a hearing on the evidence before the court and a decision will be made as to your innocence or guilt.

Armstrong Legal’s specialist criminal law team are available to represent you. We appreciate the often complicated and personal nature of allegations of fraud and will ensure you have representation of the highest calibre from the outset.

WHERE TO NEXT?

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.

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