Fraud and Dishonesty Offences
Sydney-based Leeds Lawyers specialise in overturning convictions for offences involving dishonesty or obtaining a benefit by deception. These convictions have the potential to severely affect your future and employability, but we can help you move forward with minimal disruption to your life.
Reputation of Exceptional Results
Fraud and dishonesty convictions are complex areas of the law which carry serious penalties. Legal advice is essential. We understand the complex court process and prioritise a results-driven approach. Contact us now for a free confidential case assessment.
- We ensure that we exhaust all efforts to negotiate with the prosecution to have the charge withdrawn, plead to a lesser charge with reduced penalties or significantly change the Police Facts Sheet to your advantage.
- Following thorough legal advice regarding the charge, weaknesses of the prosecution case against you and your available defence you may choose to contest the charge by pleading not guilty. If successful at the hearing, no penalty will apply.
- If you agree to the necessary elements of offence but not the alleged Police Facts Sheet, you have the option of proceeding to a disputed facts hearing. Police Facts sheets are often inaccurate or embellished and it is crucial that the facts are accurate in order to achieve an optimal result.
- If you are guilty of the offence and the facts are accurate, you may decide to plead guilty. We will assist you in preparing a strong subjective case supported by convincing evidence and persuasive submissions as to why the Court should not impose a conviction or exercise leniency.
Fraud is a generic term for a crime which in which an offender gains a benefit by deception or dishonesty. Common offences of dishonesty include:
- Larceny
- Goods in Custody
- Medicare fraud
- Centrelink Fraud
- Insurance Fraud
- Forgery
- Embezzlement
- Tax Fraud
Each offence is encapsulated in its own legislation and carries distinct penalties.
The onus is on the prosecution to prove to beyond reasonable doubt that you committed the crime. They must satisfy a number of elements of each offence which are outlined in legislation.
A successfully run defence will result in the charge being dismissed without any penalty or a conviction being recorded. Upon entering a plea of not guilty, you will receive a Police Brief which contains all the evidence that the Prosecution are relying upon to secure a finding of guilt.
It is important to receive forensic advice on the Police brief from an experienced lawyer in this field. The most common defences for offences of this nature are:
- Knowledge Did you knowingly act in a dishonest or deceptive manner to obtain a benefit?
- Duress Where you unlawfully pressured or coerced into committing the offence?
- Necessity Was there a situation where the unlawful act was required to protect yourself a natural or human threat? This is a complex defence and the onus is on the accused to satisfy the Court.
If you are successfully found not guilty, no penalty applies.
If you are being sentenced in the Local Court of New South Wales, the maximum penalty is 2 years in prison for each offence or if charged with more than one offence a period 3 years cumulative. If your matter is being heard before the District Court of New South Wales the penalties are far more severe.
If convicted, the Court considers the following factors when deciding how objectively serious the offence is:
- The amount of money involved and whether the victim has been compensated for their loss.
- The degree of planning.
- The length of time in which the offences are committed.
- The personal motives for committing the crime.
- Whether the offender used was in a position of trust.
Upon conviction, the Court may impose the following penalties:
- Conditional Release Order (CRO) – A non-conviction without penalty which is usually accompanied with a condition to be of good behaviour for a period of time. If a CRO is breached, the offender may be resentenced on the prior offence and receive a harsher outcome.
- Fine – A criminal conviction with a monetary penalty.
- Community Corrections Order (CCO) – A criminal conviction with a bond to be of good behaviour and any other Order the Court deems fit including a Community Service work component.
- Intensive Corrections Order (ICO) – A custodial sentence which the offender serves in the community and is subject to the supervision of Probation & Parole. It may include a home detention or a Community Service Work component. Breaches of an ICO are dealt with very seriously and are determined by the State Parole Authority.
- Full Time Imprisonment – Incarceration in a prison away from the community with a set non parole period.
Why Leeds Lawyers?
- You deal directly with our experienced Principal Solicitor from start to successful completion.
- We have built a reputation on achieving exceptional results.
- Each matter is our priority and we ensure that it is thoroughly prepared.
- You are kept informed every step of the way.
- We become personally invested in your case because we know how important it is to you and your loved ones.
- We offer fixed priced services for most criminal law matters.
- We have built working relationships with other solicitors and the Police which results in more effective negotiations.
Do I Need a Lawyer?
If you are concerned about the ramifications of a criminal conviction or the potential of a serious penalty including imprisonment, it is recommended that you engage the services of an experienced lawyer specialising in fraud and dishonesty cases. Many individuals feel stressed and overwhelmed by this process, but Leeds Lawyers will take the weight off your shoulders. Our principal solicitor, Mark Kryakos, has the proven expertise to guide you through the complex process of navigating fraud and dishonesty legal matters in order to achieve optimal outcomes.
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