Fraud – s192E

WHAT IS FRAUD UNDER NSW LAW?

Fraud is a criminal offence under Section 192E of the Crimes Act 1900 (NSW). You can be found guilty of fraud if you:

• Act deceptively or dishonestly, and
• Do so to obtain property, a financial advantage, or to cause another person financial disadvantage

Importantly, you can still be charged with fraud even if you paid money for goods or services – as long as your actions were deceptive or dishonest.

WHAT DOES “DECEPTIVE OR DISHONEST” MEAN?

The law recognises that deception can occur through:

• Spoken or written words, or
• Conduct, including using electronic or digital devices

Common examples of fraud include:

• Misleading someone about your true intentions
• Using a computer or phone to make unauthorised transactions
• Transferring funds that do not belong to you
• Falsifying documents to gain a financial benefit
• Providing false information to obtain credit, benefits, or services

HOW DOES THE COURT DECIDE IF SOMETHING WAS DISHONEST?

In NSW, courts apply the “ordinary person” test when assessing dishonesty. This means:

1. Would an ordinary, reasonable person consider the conduct dishonest?
2. Did you know, or should you have known, that it was dishonest by those standards?

If the answer to both is “yes,” then the court may find your actions were dishonest under the law.

WHAT IS THE MAXIMUM PENALTY FOR FRAUD?

The maximum penalty for fraud under Section 192E is:

⚖️ 10 years imprisonment

This is the maximum sentence, typically reserved for serious, large-scale, or repeat offending. Most matters are resolved with lesser penalties, especially where:

• There is no prior criminal record
• The offence involved a small amount of money
• There is evidence of remorse, rehabilitation, or mental health issues
• An early guilty plea is entered

DEFENDING A FRAUD CHARGE

There are several possible legal defences to a charge of fraud, including:

• You did not act dishonestly – your conduct was open, honest, or misunderstood
• Lack of intent – you did not intend to deceive or gain a financial advantage
• Mistake of fact – you believed you were legally entitled to the property
• Duress or coercion – you were forced to commit the act
• Mental health or cognitive impairment – which may affect criminal responsibility

Our experienced criminal defence lawyers will examine the prosecution’s evidence, assess the facts, and advise you on the best strategy moving forward.

WHAT SHOULD YOU DO IF CHARGED WITH FRAUD?

If you have been charged with fraud or are under investigation, it is critical that you:

• Do not answer police questions without legal advice
• Seek legal representation immediately
• Avoid making admissions or written statements

Our team can act quickly to:

✅ Protect your legal rights
✅ Challenge the evidence
✅ Negotiate with police and prosecutors
✅ Help you avoid a criminal conviction or prison time

CONTACT CRIMINAL LAWYERS GROUP FOR IMMEDIATE ASSISTANCE

Being charged with fraud is stressful – but you do not have to face it alone.

We offer a free initial consultation with one of our experienced criminal defence lawyers who will explain your options and fight for the best possible outcome.

📞 Call: (02) 8815 8177
📧 Email: info@criminallawyersgroup.com.au
🌐 Visit: www.criminallawyersgroup.com.au

CRIMINAL LAWYERS GROUP – DEFENDING YOUR RIGHTS, YOUR FUTURE, YOUR FREEDOM.