INTENTION TO DEFRAUD
Section 192G of the Crimes Act 1900 (NSW) makes it an offence to knowingly make a false or misleading statement with the intention to defraud another person or entity.
Secure the strong legal defence you deserve
CHARGED WITH MAKING A FALSE OR MISLEADING STATEMENT WITH INTENT TO DEFRAUD? HERE’S WHAT YOU NEED TO KNOW.
INTENTION TO DEFRAUD BY FALSE OR MISLEADING STATEMENT – SECTION 192G CRIMES ACT 1900 (NSW)
WHAT IS THE OFFENCE OF INTENTION TO DEFRAUD BY FALSE OR MISLEADING STATEMENT?
Section 192G of the Crimes Act 1900 (NSW) makes it an offence to knowingly make a false or misleading statement with the intention to defraud another person or entity.
This means:
- You knowingly provided information that was false or misleading,
- You did so intending to cause a loss or avoid a loss (financial or otherwise) to someone else,
- Your actions were deliberate and dishonest.
The false or misleading statement can be made verbally, in writing, electronically, or through conduct.
EXAMPLES OF THIS OFFENCE
- Submitting a false statement on an application for a loan or insurance
- Providing inaccurate information to obtain government benefits
- Misleading financial statements in business dealings
- Making false claims to gain contracts or property
MAXIMUM PENALTIES
This offence carries a maximum penalty of 10 years imprisonment.
Courts take these offences seriously due to the breach of trust and the potential financial harm caused to individuals, businesses, or government bodies.
WHAT MUST THE PROSECUTION PROVE?
To secure a conviction under Section 192G, the prosecution must prove beyond reasonable doubt that:
- You made a statement or representation (oral, written, or by conduct) that was false or misleading;
- You knew the statement was false or misleading at the time you made it;
- You made the statement intending to defraud or deceive someone; and
- Your conduct caused, or was likely to cause, a loss or disadvantage to another person or entity.
POSSIBLE DEFENCES
Common defences include:
- You did not know the statement was false or misleading (honest mistake);
- You did not intend to defraud or cause loss;
- The statement was not materially false or misleading;
- Lack of evidence proving intent to defraud;
- You were coerced or under duress when making the statement.
WHAT HAPPENS IF YOU ARE CONVICTED?
A conviction for this offence can have serious consequences:
- Imprisonment of up to 10 years
- Fines and orders to pay restitution
- Damage to reputation and professional standing
- Potential difficulties obtaining future employment or licenses
WHY SEEK LEGAL ADVICE IMMEDIATELY?
If you are charged with intention to defraud by false or misleading statement, obtaining early legal advice is critical.
An experienced criminal defence lawyer can:
- Review the evidence against you;
- Advise you on your rights and possible defences;
- Negotiate with prosecutors to reduce charges or penalties;
- Represent you effectively in court.
CONTACT CRIMINAL LAWYERS GROUP FOR EXPERT DEFENCE
If you are facing charges under Section 192G or any fraud-related offence, call us for a free and confidential consultation.
📞 Phone: (02) 8815 8177
📧 Email: info@criminallawyersgroup.com.au
🌐 Website: www.criminallawyersgroup.com.au
CRIMINAL LAWYERS GROUP – PROTECTING YOUR RIGHTS AGAINST FRAUD ALLEGATIONS.
Steven Mercael
Principal Lawyer
