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Understanding Fraud Charges in WA: Can You be Charged if You Didn’t Gain a Benefit?

It’s a common misconception that fraud only occurs when a person successfully obtains money or property. In reality, you can still be charged even if no financial benefit was ever received.

Chambers Legal staffs a team of experienced defence lawyers who recognise the intricacies of fraud law in WA. If you are facing an allegation, they can help you understand what your charges mean and represent you in court.

This article explains how attempted fraud is defined in Australian and Western Australian law and what you should do if you are facing an allegation. For more information or to discuss your circumstances with a lawyer, contact Chambers Legal.

The Definition of Fraud

In Australia, fraud offences aren’t as concerned with the outcome as they are with the presence of dishonest conduct. Under the Criminal Code Act 1995 (Cth), an offence such as obtaining a financial advantage by deception will require proof that the accused:

  1. Engaged in deceptive or dishonest conduct; and

  2. Intended to obtain a financial advantage or cause a loss

You may notice that element two does not mention the benefit being received. Providing the intent and dishonest act can be proven, a fraud offence can be complete.

Understanding Attempted Fraud

Where a dishonest intent was involved but no benefit was obtained, authorities will pursue a charge of attempted fraud. This might apply when a person takes substantial steps toward committing fraud, takes those steps with a dishonest intent but ultimately does not complete the offence. This is often because the deception is identified by relevant bodies before it can be carried out.

Here are some examples:

  • Submitting a false Centrelink or Medicare claim that is rejected before payment

  • Attempting to transfer funds using falsified documents but being blocked by a bank

  • Creating fraudulent invoices that are identified before payment

What Must the Prosecution Prove and What are the Penalties?

In a fraud matter, the prosecution must prove three things:

  • That the conduct was dishonest

  • That there was an intention to obtain a benefit or cause a loss

  • That the accused was responsible for the conduct

There is no requirement for the prosecution to prove that a benefit was gained. Here, a more relevant charge would be gains a benefit by fraud.

Under Commonwealth law, tax fraud carries a maximum penalty of 10 years’ imprisonment. However, the lack of actual gain in an attempted fraud case could see:

  • The charge downgraded;

  • The matter prosecuted summarily

  • The severity of any sentence reduced

Are the Penalties Lighter if No Money Changed Hands?

Potentially. The absence of financial gain may reduce the seriousness of the matter, but courts will still consider:

  • How advanced the scheme was

  • Whether there was planning

  • Whether the conduct was isolated or repeated

  • The amount that was intended to be obtained

In cases of advanced planning or repeated conduct, the court may give significant weight to the intended loss or benefit, even if it was not realised. This could lead to penalties nearer the maximum.

Possible Defences for Fraud Charges in WA

In cases where no benefit was gained by fraud, there are multiple defences available to the accused:

  • Lack of intent, where the accused did not act dishonestly nor intend to obtain a financial advantage

  • Mistake or misunderstanding, where the conduct resulted from error rather than deception

  • No substantial step taken, where the conduct did not go far enough to be considered an attempt at fraudulent action

  • Insufficient evidence, where the prosecution cannot prove dishonest intent beyond reasonable doubt

The viability of each defence is entirely reliant on the charge itself and the available evidence. Whether you’re facing tax or insurance fraud allegations, it’s critical you speak with a defence lawyer as soon as possible to gain a clear picture of the options available to you.

How Chambers Legal Can Assist

Chambers Legal is proud to staff a team of criminal lawyers with proven experience defending tax fraud charges. They understand the subtle distinctions around dishonesty and intent and use their knowledge and diligence to:

  • Examine all available evidence

  • Respond to ATO action and communication

  • Negotiate more favourable outcomes

  • Identify weaknesses in the prosecution’s argument

  • Craft a viable defence, should the matter proceed to court.

We also recognise the personal toll of a criminal charge and will support you by working with transparency and integrity. All legal advice is provided in writing and you will always receive proper cost notice.

Facing Fraud Charges? Speak with a Criminal Defence Lawyer and Protect Your Position

If you are facing allegations of fraud, it is important to seek legal advice before you speak with police, prosecutors or the ATO. Taking effective, proactive steps in the early stages of the matter can affect how it progresses and whether charges are laid at all.

To book a free, 15 minute phone consultation with a lawyer, contact Chambers Legal today.

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