Fraud

Behaviour that is dishonest, corrupt or deceitful can constitute fraud. Many different acts can constitute fraud and range in severity. For example, utilising another person’s credit card, being involved in a scam and claiming Centrelink benefits that you are not entitled to are all fraudulent actions. Penalties for fraud can have a significant impact on your life and often involve periods of actual imprisonment.

You may be charged with fraud if you dishonestly:-

1. Use property belonging to another;

2. Obtain property from another;

3. Induce a person to deliver property to another person;

4. Gain a benefit or advantage, pecuniary or otherwise, for yourself or another person;

5. Cause a detriment, pecuniary or otherwise, to another person;

6. Induce another person to do any act which the person is lawfully entitled to abstain from doing;

7. Induce another person to abstain from doing any act which that person is lawfully entitled to do; or

8. Make 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.

If you are convicted of fraud, you may face significant difficulties in obtaining employment as employers can be hesitant to hire people with a history of dishonesty offending. Convictions for fraud can have significant impacts on your future and you should seek legal advice immediately if you are charged with an offence.

What court will hear the matter?

Depending on the circumstances of the offending your matter may be dealt with in either the Magistrates or District Court.

What is the maximum penalty?

The maximum penalty for fraud is 5 years imprisonment.

However, if any of the following apply, the maximum penalty increases to 14 years imprisonment:-

1. If you were the director or an officer of a corporation, and the victim is the corporation;

2. If you are an employee of the victim; or

3. If you received more than $30,000.00 as a result of the fraud.

Further, if any of the following apply, the maximum penalty increases to 20 years imprisonment:-

1. If you received more than $100,000.00 as a result of the fraud; or

2. If you carry on the business of committing the offence.

If you are charged with fraud, you may face serious consequences and you should seek legal advice immediately.

Stealing

If you take an item belonging to another person, or convert an item to your own use, you may be charged with stealing. In order to be charged, you must have done so without the consent of the owner. You must have also taken or converted the item with the intention to permanently deprive the owner of that property.

If you are convicted of stealing, you may face significant difficulties in obtaining employment as employers can be hesitant to hire people with a history of dishonesty offending. Convictions for stealing can have significant impacts on your future and you should seek legal advice immediately if you are charged with an offence.

Stealing is a serious offence and depending on the circumstances, you could be sentenced to an actual period of imprisonment.

What court will hear the matter?

Stealing offences are usually dealt with in the Magistrates Court. However, some offences may be heard in the District Court.

What is the maximum penalty?

The maximum penalty for stealing is 5 years imprisonment.

However, the maximum penalty will increase to between 10 years and life imprisonment if one of the following situations apply:-

1. You stole a firearm or ammunition;

2. You stole property worth more than $5,000.00;

3. You stole during a natural disaster; or

4. You stole a vehicle.

If the stolen property has or cannot be returned, it will likely be ordered that you pay restitution to the owner of the property.

If you are charged with stealing, you may face serious consequences and you should seek legal advice immediately.

Receiving Tainted (Stolen) Property

If you accept property that you suspect is stolen, you may be charged with receiving tainted property. It is irrelevant if you were the person that stole the property or not. A ‘reasonable’ belief that the property is stolen is enough for you to be charged with this offence.

The penalty you may face is more severe if one of the following circumstances of aggravation apply:-

1. If the property was obtained illegally;

2. If the property was a firearm or weapon; or

3. If the property was obtained during your employment as a pawn broker.

What court will hear the matter?

Receiving tainted property offences are usually dealt with in the Magistrates Court. However, some offences may be heard in the District Court.

What is the maximum penalty?

The maximum penalty ranges from 7 to 14 years imprisonment, depending on the circumstances of the offending.

If you are charged with receiving tainted property, you may face serious consequences and you should seek legal advice immediately.

Perjury

The Offence

Under section 123 of the Criminal Code 1899 (Qld) (“the Code”) any person who in any judicial proceeding, or for the purpose of instituting a judicial proceeding, knowingly gives false testimony that is relevant to an issue in the proceedings, is guilty of a crime.

What does this mean?

If a person lies in Court in relation to an issue that is relevant to the proceedings, or for the purposes of instituting proceedings, then they are guilty of perjury.

What must be proven?

The Prosecution must prove beyond reasonable doubt that the accused:-

1. Was lawfully sworn as a witness in a judicial proceeding;

2. Wilfully made a statement;

3. Which was false;

4. Knew the statement to be false; and

5. The statement was material.

Maximum Penalty

The maximum penalty for perjury is life imprisonment.

Which Court will hear the matter?

The charge of perjury will be dealt with in the District Court.

Defences

Possible defences include: -

1. The hearing was not a judicial hearing; or

2. The statement was the truth; or

3. Statement was not relevant to the proceedings; or

4. Necessity; or

5. The accused did not know the statement was false.

Burglary

If you enter the house of another person with the intention to commit a crime, you may be charged with burglary. The offence you are accused of intending to commit, must be an ‘indictable’ offence. An indictable offence is usually one which must be heard before the District Court or the Supreme Court.

Burglary is an extremely serious offence and will usually attract a period of actual imprisonment. If you are charged, you should ensure that you seek legal advice immediately.

What court will hear the matter?

Depending on the circumstances of the offence, your charge may be dealt with in either the Magistrates Court or the District Court.

What is the maximum penalty?

The maximum penalty is 14 years imprisonment unless a circumstance of aggravation applies. For example, the maximum penalty is life imprisonment if:

1. You entered the dwelling by means of a break;

2. You committed the offence in the night;

3. You used or threatened to use actual violence;

4. You were or pretended to be armed with a weapon;

5. You were in company with 1 or more persons; or

6. You damaged or threatened or attempted to damage any property.

If you are charged with burglary, you may face serious consequences and you should seek legal advice immediately.

Break and Enter

If you entered a house with the intent to commit a crime, and you did so by ‘break’, you may be charged with breaking and entering. Break and enter is an aggravated burglary offence.

‘Breaking’ included unlocking, pulling, pushing or opening a door, window or any other thing intended to cover or close an opening in a dwelling. If you open a door to access a property, you are entering a dwelling by ‘break’.

Breaking and entering is a very serious offence and will usually attract a period of actual imprisonment. If you are charged, you should seek legal advice immediately.

What Court will hear the matter?

If you are charged with break and entering, your charge will be dealt with either in the Magistrates Court or in the District Court. The Court jurisdiction will be dependant upon the specific allegations of your offending, including whether or not there are any circumstances of aggravation.

What is the maximum penalty?

The maximum penalty for breaking and entering is life imprisonment.

If you are charged with breaking and entering, you may face serious consequences and you should seek legal advice immediately.

Unlawful use of a motor vehicle

You may be charged with unlawful use of a motor vehicle if:-

1. You unlawfully use any motor vehicle aircraft or vessel without the consent of the person in lawful possession thereof; or

2. You have in your possession any motor vehicle, aircraft or vessel without the consent of the person in lawful possession thereof with intent to deprive the owner or person in lawful possession thereof of the use and possession thereof either temporarily or permanently.

What Court will hear my matter?

If you are charged with unlawful use of a motor vehicle, your matter will usually be finalised in the Magistrates Court. However, it may also be dealt with in the District Court.

What is the maximum penalty?

If you are charged with unlawful use of a motor vehicle, the maximum penalty is 7 years imprisonment.

If you are accused of using, or intending to use, the vehicle for the purpose of facilitating the commission of an indictable offence, you will face a maximum penalty of 10 years imprisonment.

The maximum penalty will increase to 14 years imprisonment if you:-

1. Wilfully destroy, damage, remove or otherwise interfere with the mechanism or other part of or equipment attached to the motor vehicle; or

2. Intend to destroy, damage, remove or otherwise interfere with the mechanism or other part or equipment attached to the motor vehicle.

If you are charged with unlawful use of a motor vehicle, you may face serious consequences and you should seek legal advice immediately.

Attempting to pervert the course of justice

If you attempt to obstruct, prevent, pervert or defeat the course of justice you may be charged with attempting to pervert the course of justice. This is a very serious offence and often attracts a period of actual imprisonment. You should ensure that you seek legal advice at a very early stage if you are charged with this offence.

What Court will hear my matter?

If you are charged with attempting to pervert the course of justice, your matter will be finalised in the District Court.

What is the maximum penalty?

The maximum penalty is 7 years imprisonment.

If you are charged with attempting to pervert the course of justice, you should seek legal advice immediately.