Facing Fraud Charges in NSW: Your Legal Options.

Being charged with fraud in New South Wales (NSW) is a serious matter that can carry severe penalties, including imprisonment. Fraud offences under the Crimes Act 1900 (NSW) and the Commonwealth Criminal Code cover a wide range of conduct, including deception for financial gain, identity theft, and corporate fraud.

If you are facing fraud charges, understanding the legal process, your defence options, and your chances of success in court is crucial.

What Should You Do If Charged with Fraud?

1. Seek Immediate Legal Advice

Assess the strength of the prosecution’s case.
Identify weaknesses in the evidence.
Advise whether to fight the charges or negotiate a plea deal.

2. Understand the Charges Against You

Obtaining financial advantage by deception (s192E Crimes Act 1900) – Up to 10 years imprisonment.
Fraudulent misappropriation (s178A Crimes Act 1900) – Up to 5 years imprisonment.
General dishonesty causing loss (s135.1 Criminal Code) – Up to 10 years imprisonment.

3. Gather Evidence for Your Defence

Lack of intent – You did not act dishonestly.
Mistake or misunderstanding – No intention to deceive.
Duress or coercion – You were forced to commit the act.
Insufficient evidence – The prosecution cannot prove the elements of fraud.

4. Consider Early Negotiations

If the evidence against you is strong, negotiating an early plea (with a sentencing discount) may be the best option. Prosecutors may agree to drop certain charges or recommend a lighter sentence in exchange for a guilty plea.

What Are Your Chances of Success in Court?

1. Strength of the Prosecution’s Case

Weak evidence (e.g., lack of witnesses) increases your chance of acquittal.
Strong evidence (e.g., emails, CCTV) makes the case harder to defend.

2. Court’s Approach to Fraud Cases

NSW courts take fraud seriously, especially in cases involving large sums or repeat offences. They consider:

The amount of money involved
Whether victims were vulnerable
Your prior criminal history

3. Sentencing Outcomes

First-time offenders with minor fraud may avoid jail (e.g., good behaviour bonds, fines).
Serious fraud often results in imprisonment.

4. Likelihood of Appeal Success

There was a legal error in the trial.
New evidence emerges.
The sentence was excessively harsh.

Conclusion

Facing fraud charges in NSW is daunting, but an experienced criminal lawyer can significantly improve your chances of a favourable outcome. Success depends on the specifics of your case, the evidence, and the legal strategy employed.

If you are under investigation or charged with fraud, act immediately—contact one of the lawyers from SDC Lawyers to protect your rights and build the strongest possible defence.

Facing Fraud Charges in NSW | Legal Advice & Defence Options