Gaining a benefit by fraud is one of the more common fraud offences seen in Western Australia. It arises when someone obtains a financial or personal advantage through dishonest means.
Like other fraud matters, gaining a benefit is a complex legal concept, with WA law providing a specific framework for what constitutes a benefit and what makes conduct fraudulent. If you have been charged with this offence, it is important to contact a lawyer as soon as possible.
In this article, we outline how gaining a benefit is defined, the penalties it carries and how Chambers Legal can help defend your charges. For more information or to discuss your individual circumstances, please get in touch.
How the Law Defines Gaining a Benefit
Gaining a benefit by fraud is primarily prosecuted under section 409 of WA’s Criminal Code. This covers a broad range of fraudulent conduct and states that a person commits a crime if they:
Gain a benefit, cause a detriment or induce someone to (not) do something
Do so with the intent to defraud
Do so by deceit or dishonest means
Examples of gaining a benefit include:
Obtaining money, property or services dishonestly
Receiving welfare payments or subsidies through false declarations
Using false information to secure a loan or job
Misrepresenting facts to access public resources or fundi
What Counts as a “Benefit”?
From those examples, it’s clear that the term “benefit” has a broad definition under WA law. Some of the wider categories of benefit include:
Money or property
Services (e.g. access to medical care or housing)
Avoidance of liability (e.g. lying to avoid a fine, tax or debt)
Intangible advantages (e.g. qualifications, travel visas or jobs obtained through false claims)
Importantly, the accused does not have to physically receive the benefit for their act to be considered an offence. Acting with intent to gain a benefit by deception is enough for charges to be laid. You can learn more about intent in fraud matters here.
Penalties for Gaining a Benefit by Fraud
Consequences for fraud offences vary depending on the seriousness of the act, the extent of the benefit involved and the method used to obtain it.
Penalties include a maximum of 7 years imprisonment or 10 years if the offence involved aggravating circumstances. Aggravated fraud charges often involve a breach of trust or organised activity and will typically be heard in the District Court. Lesser matters may be finalised in the Magistrates Court.
On the lower end of the spectrum, sentencing outcomes can include fines and community-based orders.
If you have been charged with an offence it is important to contact a fraud defence lawyer as soon as possible to gain a clear understanding of the penalties you are facing.
How a Fraud Defence Lawyer Can Defend You
Depending on the facts of the case, there are several legal defences available for fraud charges. These include:
Lack of intent to defraud: The accused did not knowingly or dishonestly mislead someone
Genuine mistake: Errors in paperwork or misunderstanding requirements may not meet the criminal threshold
Duress or coercion: The accused was forced to act by another person.
Insufficient evidence: The prosecution cannot prove all elements beyond reasonable doubt
If you have a fraud accusation made against you, contacting a criminal defence lawyer should be your first step. These charges can be complex and securing legal representation puts you in the best position to reach an ideal out
How Chambers Legal Can Help
Facing fraud allegations can be daunting, especially when penalties such as prison time or a permanent criminal record are looming. A fraud defence lawyer from Chambers Legal will:
Explain your charges and what the prosecution must prove
Evaluate the strength of the evidence against you
Identify which defences are valid
Negotiate with prosecutors for lesser charges or outcomes
Represent you in court and protect your rights throughout the process
At Chambers Legal, we also recognise the personal toll a criminal accusation can take on you and your family. To give you confidence throughout the entire process, our team stick to values of transparency and integrity. Our legal advice is always provided in writing and paired with proper cost notice.
Talk to a Fraud Defence Lawyer at Chambers Legal
Gaining a benefit by fraud can be complex, so it’s essential to act quickly if you have been charged. Chambers Legal has been practicing for nearly 10 years and uses that experience to provide practical, honest advice on fraud cases. From simple benefit claims to insurance issues, our fraud defence lawyers are ready and willing to help.
If you would like to speak with a member of our team, book a free, 15-minute phone consultation and arrange a confidential discussion.