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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Fraud Offences (WA)
Fraud in Western Australia is contained in section 409 of the Criminal Code. The most common type of fraud occurs where a person obtains property from another person by deceit or by any dishonest means with the intention to defraud. Obtaining property simply means having had possession of the property and does not require the accused to have retained the property permanently.
Examples of fraud in Western Australia that fall within the ambit of section 409 include where a person has the intention to defraud, and, by fraudulent conduct or deceit:
- induces another person to deliver property to a third person;
- gains a benefit for any person;
- causes a detriment to any person;
- induces a person to do something that they are lawfully entitled to refrain from doing; or
- induces a person not to do an act that they are lawfully entitled to do.
Penalties For Fraud In Western Australia
The maximum penalty for fraud is generally imprisonment for seven years. However, if the person deceived is over the age of 60 then the maximum penalty increases to imprisonment for 10 years.
Intention To Defraud In Western Australia
To be found guilty of fraud in Western Australia, the accused must have acted with an intention to defraud. This essentially means that they acted with the intention of behaving in a dishonest way, as opposed to committing the act accidentally or with an innocent intent.
This is determined by a subjective test. That is, the court will look at what the accused person actually intended and not what a reasonable person in their situation might have intended.
The offence of fraud applies only in situations that have a ‘commercial flavour’ – that is, when the accused’s intention to deceive is in relation to a victim’s economic interests or public duties. Dishonestly inducing a person to do an act (or not do an act) does not amount to fraud where that act affects only non-economic interests – for example, social relationships.
The defences that are most commonly raised in relation to fraud in Western Australia are:
- that the accused had an honest claim of right to the property under s 22 of the Criminal Code; and
- that the accused made an honest and reasonable mistake of fact under s 24 of the Criminal Code.
An honest claim of right exists when a person is charged with fraud over something they have done in relation to property, but where they were acting under an honest belief that they had a genuine legal right to the property and therefore did not have any intent to defraud. This is a complete defence, and an accused will not be found guilty of fraud if they had an honest claim or right.
An honest and reasonable but mistaken belief of fact occurs when a person does an act under an honest belief about something that turns out to be mistaken. This is not a complete defence. Instead, a person will be judged as though the beliefs they held were true and will not be held criminally responsible for their act except to the extent that they would have been if those beliefs had been true.
If you are charged with fraud and you believe that either of these defences applies to you, it is important that you seek legal advice as soon as possible.
Less serious fraud offences may be dealt with summarily (in the Magistrates Court) in Western Australia. This means that a lower maximum penalty will apply. The maximum penalty when fraud is dealt with summarily is two years imprisonment and a fine of $24,000. If the victim is over the age of 60 then the maximum penalty increases to imprisonment for three years and a fine of $36,000.
A charge of fraud cannot be dealt with summarily if the amount of money or property involved is more than $50,000.00.
Alternative Offences To Fraud In WA
If a person is charged with fraud in Western Australia, the offences of stealing, possessing stolen property and receiving stolen property are recognised as ‘alternative offences’. This means that the person may be found guilty of any of those alternative charges instead of being found guilty of fraud.
If you require legal advice or representation in any legal matter please contact Armstrong Legal.
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