Fraud charges turn on dishonesty, and that is judged by the standards of ordinary honest people. Many matters involve documents and money trails that need careful review. Talk to Joseph Rahim before you answer questions.
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Fraud is an offence under the Criminal Code Act 1899 (Qld). The prosecution has to prove that you acted dishonestly in one of the ways the law lists, such as obtaining property, gaining a benefit, or causing someone a loss.
By the standards of ordinary honest people. The prosecution does not have to prove you realised it was dishonest, but it has to identify what knowledge, belief or intention made the conduct dishonest. Evidence that you honestly believed you were entitled has to be disproved.
Using someone else’s card or card details, usually charged as fraud or an identification information offence.
Read moreKnowingly false verified statements and declarations.
Read morePerjury, which is deliberately false evidence given under oath.
Read morePick the one closest to your situation and a chat opens with it already said. No forms, and you can call instead at any time.
Every matter is different, but most follow this order.
You may be asked to take part in an interview. You have the right to remain silent, but you must give your name and address when asked. Get advice before you say anything else.
You are charged and given a court date, sometimes on bail with conditions. Read the conditions carefully; breaching them is an offence.
Charges usually start in the Magistrates Court. For people charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street.
The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn. More serious charges can be sent to a higher court.
A misrepresentation or an unauthorised transfer does not on its own prove dishonesty. What you knew and believed matters.
Courts can order compensation or restitution to the person who lost property. Those orders can be referred to SPER for collection.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.
By the standards of ordinary honest people, looking at what you knew, believed and intended.
Yes. Fraud by an employee is treated more seriously.
It does not answer the charge, but it can be relevant to how the matter is resolved.
Yes. It is free, confidential and comes with no obligation.
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The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.
0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
