Fraud Charge Lawyers

WHAT ARE FRAUD CHARGES?

If you have been charged or are under investigation for fraud or related charges, you’re on a long, hard road. Yes, you would expect us to say get legal help, and in these circumstances you want to get it super quick. These types of matters rely heavily on the investigative powers of Queensland Police, and you need our involvement to ensure that the investigation is happening lawfully and does not prejudice your legal position. People who leave this for too long usually regret it later.

This category of offences is very broad and very serious. At Hannay Lawyers, we have successfully represented many people who have been charged with fraud and related charges. From our experience in this respect, it is vitally important you seek our help as soon as possible to minimise these types of matters escalating and becoming more serious than what they need to be.

Fraud and related charges are very serious. They are the types of matters that can become ever more complex if you haven’t engaged quality legal help to ensure investigations are occurring both in line with the relevant police powers, but also in conjunction with your legal team. The earlier we’re involved, the better your outcome — it really is as simple as that.

Section 408C of the Criminal Code Act 1899 (Qld) sets out the legal framework for fraud charges in Queensland. Basically, to prove fraud, Queensland Police need to prove one of the following beyond reasonable doubt:

• The accused applied to his or her own use property belonging to another, or property belonging to the accused or which is in the accused’s possession (either solely or jointly with another person) subject to a trust, direction, or condition, or on account of any other person. “Applied” means taking or using another’s property for the accused’s own purposes.
• The accused obtained property from any person. “Obtain” includes to get, gain, receive, or acquire in any way.
• The accused induced any person to deliver property to any person.
• The accused gained a benefit or advantage, pecuniary or otherwise, to any person.
• The accused caused a detriment, pecuniary or otherwise, to any person.
• The accused induced any person to do an act which the person was lawfully entitled to abstain from doing.
• The accused induced any person to abstain from doing an act which the person was lawfully entitled to do.
• The accused made off knowing that payment on the spot was required or expected for property lawfully supplied or returned or any service lawfully provided, without having paid and with intent to avoid payment.

Now, importantly, to prove the accused acted dishonestly, the prosecution must prove that what you did was dishonest by the standards of an ordinary honest person and that you realised your actions were dishonest by that standard.

The million-dollar question simply can’t be answered because we don’t know the full circumstances of your situation or the charges that have been brought or might be brought against you.

Without understanding the full circumstances of your predicament, it is difficult to give advice.

At Hannay Lawyers, our objective is to prevent these matters from ever reaching court. Hence it’s very important you contact us as soon as possible so we’re able to ensure that any investigations that have been conducted were done so lawfully and any future investigations are done in consultation with us.

We can assess your matter promptly.

Call our criminal lawyers on the Gold Coast for a free, no-obligation consultation.