Canberra & the ACT · Commonwealth & federal
Commonwealth fraud charges in Canberra.
Fraud against a Commonwealth body is a federal offence, prosecuted by the Commonwealth DPP under the Criminal Code (Cth). In a government town these matters are common, and they carry federal traps, including that a serious charge is tried by a unanimous jury with no judge-alone option.
- Deception offences10 yearsss 134.1, 134.2, 135.1
- Financial advantage12 monthss 135.2 (no deception)
- ProsecutorCommonwealth DPPNot the ACT DPP
- TrialUnanimous juryNo judge-alone for Cth
The Commonwealth offences.
These offences protect Commonwealth money and Commonwealth bodies. The deception and general-dishonesty offences carry 10 years. Section 135.2 is a lower-level offence used where a person obtained a financial advantage they were not entitled to, without a positive deception. Which section is charged makes a large difference to the exposure.
How federal fraud matters run.
Commonwealth fraud is investigated by federal agencies and prosecuted by the Commonwealth DPP, and tried in the ACT courts under Commonwealth law. A serious charge dealt with on indictment is tried by a jury, and the verdict must be unanimous under s 80 of the Constitution. The ACT judge-alone election does not apply to a Commonwealth offence. Sentencing is under s 16A of the Crimes Act 1914 (Cth), and for lower sentences a person can be released on a recognizance good behaviour order under s 20.
Defences and issues that matter.
Dishonesty.
The offences require dishonesty. A genuine mistake, a claim of right, or an authorised transaction can answer the charge. Dishonesty is judged by the standards of ordinary people.
The document trail.
Federal fraud is built on records: agency data, bank records and system logs. The reconstruction has to be tested, because the inference of dishonesty depends on how the documents are read.
Knowledge and intent.
Where the accused did not know a representation was false, or lacked the intent, the offence may not be made out, or the proper charge may be the lower s 135.2 offence.
How the matter is run.
A Commonwealth fraud brief is a document brief. The work is to reconstruct the transactions, test the inference of dishonesty, identify what the accused actually knew and intended, and place the matter in the right section. Repayment and a strong subjective case shape the outcome. These matters are prepared for a jury trial, because a jury trial is the only trial available for a serious federal charge.
Frequently asked.
Who prosecutes Commonwealth fraud in Canberra?
The Commonwealth Director of Public Prosecutions, the CDPP, under the Criminal Code (Cth). It is a federal matter, tried in the ACT courts but under Commonwealth law, not an ACT DPP matter.
What is the penalty for Commonwealth fraud?
The deception and general-dishonesty offences (ss 134.1, 134.2, 135.1) carry up to 10 years. Obtaining a financial advantage without deception under s 135.2 carries 12 months. Conspiracy to defraud under s 135.4 carries 10 years.
Can I have a judge-alone trial for a Commonwealth fraud charge?
No. Section 80 of the Constitution requires a unanimous jury trial for a Commonwealth offence tried on indictment, and it cannot be waived. The ACT judge-alone election applies only to territory offences.
What is the difference between s 134.2 and s 135.2?
Section 134.2 requires a deception and carries 10 years. Section 135.2 does not require a deception, it covers obtaining a financial advantage a person was not entitled to, and it carries 12 months. Moving a matter to s 135.2 greatly reduces the exposure.
Facing a Commonwealth fraud investigation or charge?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019