Fraud Offences
What You Should Do If You’ve Been Charged With A Fraud Offence
Facing a fraud charge in Western Australia is an incredibly complex and stressful legal challenge. Fraud offences, whether they be misreporting to Centrelink or falsified business invoices, can result in substantial fines, significant prison terms and enduring reputational damage.
At Chambers Legal, we understand the complexities of WA fraud law and how state and federal prosecutors conduct their investigations. Our team are committed to offering clear, honest advice that allows you to make informed decisions and protect your future.
If you would like to speak with a defence lawyer, please book a free, 15-minute phone consultation.
What is Fraud?
In Western Australia, fraud is charged under section 409 of the Criminal Code. It involves dishonest conduct intended to deceive another person or organisation, usually for financial gain or to cause a loss.
Fraud covers a wide range of deceptive or dishonest behaviours that cause a detriment to another or result in a benefit to the offender. It could include falsifying documents to use someone else’s identity, under-declaring income for Centrelink payments or misappropriating company funds.
It’s important to understand that intent is the core element of a fraud charge. Even if no money changes hands or no one suffers actual financial loss, fraud charges can still apply if there was an intention to deceive.
Elements of a Fraud Charge
For an accused person to be convicted of a fraud offence in Western Australia, the prosecution must prove several critical elements beyond reasonable doubt:
- Dishonest conduct: The accused engaged in a knowingly false, misleading or deceptive action
- Intent to defraud: The accused entered into the conduct knowing it was dishonest and did so with the purpose of causing a loss or securing a benefit (for themselves or another)
- Gaining a benefit or causing detriment : The fraud must have resulted (or aimed to result) in a financial or personal advantage or a financial or other harm to someone else
- By deceit or fraudulent means: The conduct must involve some form of deception
Without each of these elements, a defence lawyer can contest the fraud charge or request it be reduced to a lesser offence. Seeking legal advice as soon as possible puts you in the best position to have charges downgraded, if possible.
Penalties for Fraud in Western Australia
In WA, the severity of sentencing for a fraud conviction depends on factors such as the value involved, the level of planning, the offender’s intent and whether they have prior convictions.
For lower-end offences, possible penalties include:
Fines
Community-based orders (with supervision and mandatory conditions)
Suspended imprisonment (a custodial sentence that may not be immediately enforced)
More serious convictions can result in:
7 years’ imprisonment for simple offences
If aggravating circumstances are involved, 10 years’ imprisonment
Aggravating factors for fraud offences include abusing a position of trust, deceiving a vulnerable person and committing the offence in the context of organised crime. It is crucial to seek prompt legal advice to gain a clear picture of the penalties that may apply in your case. .
How Chambers Legal Can Help
Fraud allegations can be intricate, with complex financial evidence, detailed investigations and a significant personal load for the accused. At Chambers Legal, our team take a methodical approach to helping clients understand their situation and how to respond.
Our defence lawyers can assist with:
Health care fraud
Tax fraud
Insurance fraud
Other fraud related offences.
Chambers Legal will assess the evidence against you, advise on viable defences, negotiate with the prosecution and represent you in court. Importantly, we also recognise the personal toll a criminal allegation can take on your and your loved ones. To best support you throughout the entire process, our team stick by values of transparency and integrity, providing all legal advice in writing and pairing it with proper cost notice.
We prioritise clear communication, fair pricing and practical legal advice that allows you to make informed decisions at every stage of your matter.
Speak with a Fraud Defence Lawyer Today
f you have been charged with or believe you are under investigation for a fraud offence, it’s essential to act quickly. Delaying legal advice can limit your ability to influence the outcome and secure the best possible result.
To speak with a defence lawyer about tax, Centrelink or any other fraud offences, please book a free consultation with Chambers Legal.
FAQs
Can a fraud charge be downgraded to a summary offence?
Yes, not all fraud matters go to the District Court. In circumstances where the value of the benefit or loss is low, to conducted is isolated or the accused has no significant criminal history, the charge may be dealt with summarily and finalised in the Magistrates Court.
Does a misunderstanding of the rules protect me from fraud charges?
Not automatically. While a genuine mistake or a lack of intent can form part of a defence, the prosecution must still prove that you acted dishonestly with the intent to defraud. If you mistakenly misrepresented information but it was not a dishonest act, you may avoid a fraud conviction. Intent is one of the many complex elements in a fraud offence, so it’s important to seek prompt legal advice.
The police want to speak to me about a fraud offence. Do I have to speak to them?
Please click here to read about your rights when speaking to and being questioned by police.
What will happen in court?
Read more about what happens when going to court in WA.