Fraud, Larceny and Obtain Advantage by Deception Lawyers
Fraud-related offences are taken seriously under New South Wales (NSW) laws, and they can carry significant penalties, including imprisonment and criminal records. If you’ve been charged with fraud, larceny, or obtaining a financial advantage by deception, it’s vital to understand the law and your legal rights. With an experienced Fraud, Larceny and Obtain Advantage by Deception Lawyer on the Central Coast, you may be able to reduce or even avoid penalties.
What Is Fraud in NSW?
Fraud is generally defined as dishonestly obtaining a benefit or causing a loss through deception. The most commonly charged fraud offence falls under Section 192E of the Crimes Act 1900 (NSW).
To prove fraud, the prosecution must show:
- You acted dishonestly;
- You deceived someone (either a person or organisation);
- You obtained a benefit, or caused a loss to another party.
Examples include identity theft, making false insurance claims, or using someone else’s credit card.
What Is Larceny?
Larceny is the legal term for theft. It refers to the unlawful taking and carrying away of someone else’s property without their consent, with the intention of permanently depriving them of it.
Larceny offences are covered in the Crimes Act 1900 (NSW) and are one of the most commonly prosecuted offences in NSW courts.
Common examples include:
- Shoplifting
- Stealing from an employer
- Taking personal property from someone without consent
What Is “Obtain Financial Advantage by Deception”?
This offence is a type of fraud and is also prosecuted under Section 192E. It involves using deception to gain something of value—often money, services, or goods—that you were not legally entitled to.
For example:
- Lying on a loan application to get approved
- Falsely claiming Centrelink benefits
- Using fake documents to secure a rental property
Penalties for Fraud, Larceny, and Deception Offences in NSW
The penalties for these offences vary depending on the value of the property or benefit involved, your intent, and whether there are aggravating factors.
| Offence | Maximum Penalty | Court Jurisdiction | Example |
|---|---|---|---|
| Larceny (Property value under $2,000) | 2 years imprisonment | Local Court | Shoplifting |
| Larceny (Over $5,000 or Aggravated) | Up to 5 years imprisonment | District Court | Stealing from employer |
| Fraud / Obtain by Deception (any value) | 10 years imprisonment | Local or District Court | Lying to obtain a loan |
| Aggravated Fraud | Up to 12 years imprisonment | District Court | Using false documents for repeated benefit |
Defences to Fraud and Larceny Charges
Every case is different, and a strong legal defence depends on the unique facts of your situation. Some possible defences include:
- Lack of intent – You did not intend to deceive or permanently deprive.
- Mistaken identity – You were wrongly identified as the offender.
- Duress – You were forced to commit the offence under threat.
- Claim of right – You believed you were entitled to the property.
Why Hire a Fraud and Larceny Lawyer?
Courts treat dishonesty offences seriously because they undermine trust in the community. A conviction can result in:
- Jail time
- A permanent criminal record
- Loss of employment opportunities
- Travel restrictions
An experienced Fraud, Larceny and Deception Lawyer on the Central Coast can:
- Evaluate the strength of the police case
- Negotiate with prosecutors to have charges withdrawn or downgraded
- Present strong mitigation to reduce sentencing
- Avoid a criminal conviction being recorded pursuant to section 10.
- Explore non-custodial outcomes like a Conditional Release Order (CRO) or Community Correction Order (CCO)
Get Help with Your Fraud or Larceny Charge Today
If you’re facing charges of fraud, larceny, or deception on the Central Coast, don’t leave your future to chance. Legal advice can make a significant difference to the outcome of your case.
Contact KOA Legal for a free initial consultation now to discuss your options.