In Western Australia, many fraud offences hinge on one critical legal element: the intent to defraud. Whilst many understand fraud as simply “lying for gain,” the legal meaning of intent can be more complex.
If you’ve been accused of a fraud-related offence, understanding this concept is crucial. Even in cases where there is no actual loss, a person can still be charged if it can be shown they acted dishonestly with the intention of deceiving another party.
In this article, we explain how intent to defraud is defined under WA law, how it applies to different types of fraud charges and how the prosecution looks to prove it in court. For more information, speak with a fraud defence lawyer.
Understanding “Intent” in Criminal Law
In a criminal matter, intent refers to the state of mind of the accused at the time of the offence.
In a fraud charge, this doesn’t just mean doing something dishonest. It means doing it deliberately with the specific purpose of deceiving someone and causing them to suffer or risk a loss. Importantly, the prosecution must prove that the accused did not make a mistake or accident and that they knowingly and purposefully carried out acts designed to mislead.
Proving intent is one of the more complex aspects of a fraud charge. In determining intent, the court will look at evidence such as:
Written or digital communication
Witness testimony
Attempts to conceal the act or mislead investigators
The accused does not need to admit intent, it can be inferred from behaviour, patterns of conduct or circumstantial evidence.
What Does “To Defraud” Mean?
In legal terms, to defraud is to dishonestly obtain something by deception. Usually, ‘something’ will be property, money or other benefits and may be obtained through:
Misrepresenting facts
Creating or altering documents to mislead
Using false identities
Concealing material information
A benefit doesn’t have to be financial – causing another person to suffer a loss can also meet the threshold. That could involve being misled into signing over legal rights or releasing confidential information.
Examples of Intent to Defraud
Whilst there are many ways intent to defraud can occur, here are a few practical scenarios:
Centrelink Fraud: Deliberately omitting income or other information on a claim in order to receive a higher payment than you’re entitled t
Credit Card Fraud: Using someone else’s details to make purchases, knowing you don’t have authorisation
Insurance Fraud: Exaggerating or fabricating details of a claim to receive a higher pay-out
Forgery: Signing someone else’s name on a legal document with the purpose of gaining a benefit
Remember that the focus is not just on the outcome. The court is also interested in the deliberate intention to cause loss or gain through dishonesty.
How Fraud Charges Can Be Defended
Consulting a defence lawyer and gaining an understanding of intent to defraud is the first step in forming a viable legal defence. Common defences include:
Lack of intent: The accused didn’t intend to deceive or cause harm
Mistake: The accused made an honest error or misunderstood their obligations
Duress: The accused was coerced into committing the act
No deception: The alleged conduct didn’t amount to a deceptive act
If intent cannot be clearly proven, a fraud charge may be unsuccessful or reduced to a lesser offence.
How About Gaining a Benefit by Fraud?
Fraud defences aren’t just about intent and the court will also consider the concept of “gaining a benefit“. This refers to situations where a person obtains something of value (such as money, property or entitlements) through deceptive or dishonest means.
A “benefit” doesn’t have to be financial. It could also be:
Receiving government benefits you weren’t entitled to
Avoiding liability or repayments
Accessing services you wouldn’t otherwise qualify for
To prove the accused gained a benefit, the prosecution needs to establish:
- The accused knowingly engaged in deception or dishonest conduct
- As a result, they (or someone else) gained a benefit
Intent and gaining a benefit are interlinked. If the accused misleads or omits crucial information for personal gain, they may still face charges even if the benefit was never received. That’s because there was an intent to do so.
Contact Chambers Legal For Specialised Advice
Fraud charges are complex, with intent often being the key issue. If you’ve been accused of fraud, it’s important to speak with a criminal defence lawyer as soon as possible. An experienced professional can explain the nature of your charges, assess the likelihood of intent being proven and build a defence strategy to suit your circumstances.
At Chambers Legal, we also recognise that facing a fraud allegation can be incredibly stressful for the accused and their family. To best support you throughout the process, we work with transparency and integrity by providing proper cost notice and offering all legal advice in writing.
o speak with a defence lawyer about fraud law in insurance, Centrelink or any other contexts, please contact Chambers Legal today.