If you have been charged with a fraud offence you must seek advice from a criminal law expert. Our Brisbane criminal lawyers have extensive experience with fraud matters. In our experience, the Prosecution often has difficulty in proving complicated fraud offences due to a lack of admissible evidence or information. You need a criminal lawyer who is going to closely scrutinise the evidence produced by the Prosecution. Our Brisbane criminal lawyers will closely scrutinise and challenge the Prosecution’s evidence where possible. In some circumstances, even if a fraud offence can be established, there is often room to negotiate with the Prosecution with the facts or the amount of money allegedly fraudulently obtained.
Fraud offences often involve documentary evidence or alleged oral misrepresentations made by one person to another. Frauds can range from a person pawning an item that does not belong to them to large-scale fraudulent schemes involving significant sums of money.
FREE-IN-DEPTH NO OBLIGATION CASE REVIEW WITH ONE OF OUR FRAUD LAWYERS
Section 408C of the Criminal Code (Qld).
What does the Prosecution have to prove beyond reasonable doubt?
(a) applied to their own use or to the use of any person: –
(i) property belonging to another; or
(ii)property belonging to the person, or which is in the person’s possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person; or
(b) obtained (includes to get, gain, receive or acquire in any way) property from any person; or
(c) induced any person to deliver property to any person; or
(d) gained a benefit or advantage, pecuniary or otherwise, for any person; or
(e) caused a detriment, pecuniary or otherwise, to any person; or
(f) induced any person to do any act which the person is lawfully entitled to abstain from doing; or
(g) induced any person to abstain from doing any act which that person is lawfully entitled to do; or
(h) made off, knowing that payment on the spot is required or expected for any property lawfully supplied or returned or for any service lawfully provided, without having paid and with intent to avoid payment.Property includes credit, service, any benefit or advantage, anything evidencing a right to incur a debt or to recover or receive a benefit, and releases of obligations.
♦ 5 years imprisonment; or
♦ 12 years imprisonment if: –
(a) the defendant is a director or member of the governing body of a corporation, and the victim is the corporation; or
(b) the offender is an employee of another person, and the victim is the other person; ; or
(c) if any property in relation to which the offence is committed came into the possession or control of the defendant subject to a trust, direction or condition that it should be applied to any purpose or be paid to any person specified in the terms of trust, direction or condition or came into the offender’s possession on account of any other person; ; or
(d) if the property, or the yield to the defendant from the dishonesty, or the detriment caused, is of a value of $30,000 or more.
What evidence do police often rely upon to prove fraud offences?
- Witness statements
- CCTV footage
- Admissions made by an accused person during an interview with police.
- DNA- saliva, hair, blood etc that has been left at the scene of the offence.
- Statements of co-offenders.
- Photo boards.
- Phone records.
- Mobile phone data downloads (known as cellebrite or lantern reports).
- Search warrant.
- Recording of the execution of a search warrant.
- Property relating to the fraud located in the possession of an accused.
- Bank account records.
- CCTV footage from where the fraud is alleged to have occurred.
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