Fraud Offences WA
The use of deception, lying or dishonesty in order to gain a personal or financial advantage is called fraud.
There are multitudes of offences under the fraud category, but there are a few factors that define these offences as fraud. The victim of a fraud offence is often completely unaware that a fraud is being perpetrated against them, although, this is not always the case, such as with blackmail. Fraud typically also involves the acts of lying and dishonesty to obtain an advantage of some kind (not always a financial advantage).
If the value of the fraudulent act is more than $10, 000, 7 years imprisonment may be imposed, unless the victim of the fraud is more than 60 years old, in which case, the penalty will be 10 years maximum imprisonment. Cases involving fraud crimes of this level will be heard at the District Court.
The maximum penalty is 2 years imprisonment and a fine of $24, 000, if the matter is within the jurisdiction of the Magistrate Court (or 3 years imprisonment and a fine of $36, 000 for a victim 60 years or older).
The following conducts constitute a crime of fraud:
- Inducing a course of action in order to evade liability or to be able to gain money or property from a person.
- The execution, making and possession of a forged instrument with intent to use the same to his financial advantage.
- Dishonestly converting money or goods which came into his possession or control without the use of deception or taking without consent.
- The act of giving, offering or accepting a reward in influence the exercise of power or authority.