Fraud Offence s In NSW

What is fraud????????????? Deceitful or dishonest conduct carried out for personal gain A type of economic offence

Fraud Most fraud offences are found in Pt. 4 of the Crimes Act Includes: -Larceny -Valueless cheques -Obtaining money etc by deception -Obtaining credit by fraud -White collar crime

Factors of universal application to fraud 1.The amount of money involved and whether the loss is irretrievable 2.The length of time over which the offences are committed. (indicates degree of planning) 3.The motive for the crime (greed vs need) 4.The degree of planning and sophistication. An accompanying breach of trust

Aggravating factors A breach of trust under section 21A (2)(k) -Where this is not an essential element of the offence, common law recognizes that abuse of a position of trust is an aggravating factor on sentence Class of victims under section 21A (2) (L) -If victim is vulnerable e.g. because age, disability, or occupation this effects the sentence. To be continued…….

And on this episode of aggravating factors Multiple victims or a series of criminal acts under section 21A (2) (M) -when a single offence contains a number of allegations this can increase the sentences Part of a planned or organized criminal activity under section 21A (2) (n) - “The fact that the offence involved systematic dishonesty accompanied by planning, sophistication and repetition will aggravate the offence”

Mitigating Factors Absence of criminal record under section 21A (3) (e) and prior good character under section 21A (3)(f) - In fraud this is less relevant due to the abuse of position of trust Remorse demonstrated by making reparation of loss under s 21A (3)(i) -Restitution can be a mitigating factor where it involves a degree of sacrifice. Guilty plea s 21A(3)(k) - Pleading guilty is a factor which attracts a considerable measure of leniency especially in white collar crimes.

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