Canberra & the ACT · Fraud and white collar
Fraud and deception charges in the ACT.
Fraud in the ACT is a Criminal Code 2002 offence built on deception and dishonesty. Because Canberra is a government town, many fraud matters are Commonwealth matters. The document trail, dishonesty, and intent are where these matters are decided.
- Property by deception10 yearss 326 Criminal Code 2002 (ACT)
- Financial advantage10 yearss 332
- CourtSupreme / MagistratesBy value and complexity
- CommonwealthOften federalCDPP prosecutes
The ACT offences.
Fraud offences are built on deception and dishonesty. The prosecution has to prove a deception, that it was dishonest, and that it obtained the property or advantage. Where the matter involves Commonwealth money or a Commonwealth body, it is usually charged under the Criminal Code (Cth) and prosecuted by the CDPP. A penalty unit is a fixed dollar amount set under the Legislation Act 2001 (ACT) and updated from time to time, so the dollar figure should be checked against the current value.
Penalties and where the matter is heard.
Fraud offences carry up to 10 years and can be dealt with summarily where the value and complexity allow, or tried in the Supreme Court. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT), or the Commonwealth regime for federal matters. The amount involved, the sophistication, and any repayment bear heavily on the outcome.
Defences and issues that matter.
Deception and dishonesty.
The prosecution must prove a deception that was dishonest. A genuine mistake, a claim of right, or an authorised transaction can answer the charge.
The document trail.
Fraud matters are built on records: invoices, bank data, emails and system logs. The reconstruction has to be tested, because the inference of dishonesty often depends on how the documents are read.
Intent and knowledge.
Where the accused did not know the representation was false, or lacked the intent, the offence may not be made out.
How the matter is run.
A fraud brief is a document brief. The work is to reconstruct the transactions, test the inference of dishonesty, and identify what the accused actually knew and intended. For Commonwealth matters, the federal framework and the CDPP practice apply. These matters are often resolved on charge and value once the documents are properly analysed, and prepared for trial where they are not.
Frequently asked.
What is the penalty for fraud in the ACT?
Obtaining property by deception (s 326) and obtaining a financial advantage by deception (s 332) each carry up to 10 years under the Criminal Code 2002 (ACT).
Is fraud in Canberra a Commonwealth matter?
Often. Because Canberra is a government town, many fraud matters involve Commonwealth money or bodies and are charged under the Criminal Code (Cth) and prosecuted by the CDPP, rather than as ACT offences.
What does the prosecution have to prove for fraud?
A deception, that the deception was dishonest, and that it obtained property or a financial advantage. Dishonesty and intent are the elements most often contested.
Can a fraud charge be resolved without a trial?
Frequently, once the documents are analysed. The charge and the value can be negotiated, and repayment and a strong subjective case can shape the outcome. Where the matter is genuinely contested, it is prepared for trial.
Facing a fraud investigation or charge in the ACT?
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