A fraud charge in Queensland is a serious criminal offence that can carry significant legal consequences and prosecution if circumstances prove to be substantial. Fraud charges are governed by the Criminal Code Act 1899 (Qld) and take into account the various different forms of fraud including basic and aggravated cases. Penalties vary depending on the severity of the charge as well as the circumstances involved, and that is why it is important to seek legal representation you can trust. 

With over 30 years of experience as a licensed practice and over 100 years of combined legal experience and expertise, our team at Donnelly Lawyers specialises in providing high-quality legal advice and representation to clients across South-East Queensland. With an extensive portfolio of positive client testimonials and success stories such as this one by Adam B., “I highly recommend Donnelly Law Group, for their professionalism, diligence and results achieved in my case. Throughout the process, I found the lawyers extremely professional, informative, honest and personable, resulting in the best possible outcome for my charges, which will be massively beneficial for my future, moving forward. In addition, the friendly office staff were extremely accommodating, providing me with all required documents and information at every request. Thank you again for the achieved results.” Our team is dedicated to serving the best possible outcomes for all legal cases.

If you are actively seeking guidance on fraud charges in Queensland and you want to understand the possible penalties and consequences involved, this article will outline everything you need to know. 

What is the Legal Definition of Fraud in Queensland?

In Queensland, fraud is legally defined under Section 408C of the Criminal Code Act 1899 (Qld) as acting dishonestly to cause a detriment, gain a benefit, or deal with property unlawfully. In simple terms, a person commits fraud when they act dishonestly to cause harm or avoid an obligation in one of the several different ways set out in the legislation. The key ingredient in this legislation is dishonesty. The offence isn’t just about taking something that isn’t yours or making an honest mistake, but it covers a large range of deceptive or unfair conduct involving money, benefits, services, or even property. 

The most important thing to take into account when it comes to fraud charges is that dishonesty is perceived objectively. A simple cookie-cutter approach cannot be applied to this. A person can still be accused of acting dishonestly even if they intended to pay for the property later, planned to return it, believed that the owner had consented to the transaction, or if someone else made a mistake along the way that led to the particular situation. Fraud legislation in Queensland is designed to analyse cases from each and every angle to capture whether fraudulent behaviour did take place. 

The law is designed to differentiate fraud from theft, and determine whether the case is circumstantial enough to be deemed as fraudulent conduct. 

What are the Different Types of Fraud Charges in Queensland, and What are Their Penalties? 

When facing fraud in Queensland, there are two different types of charges under Section 408C of the Criminal Code Act 1899 (Qld): basic and aggravated circumstances. 

Basic Fraud (Section 408C (1))

Basic fraud, as per the Criminal Code Act 1899 (Qld), is legally defined as a person who acts dishonestly to cause harm, gain benefits, or deal with property unlawfully. The maximum penalty of basic fraud in Queensland is 5 years imprisonment, and any of these following actions is deemed as basic fraud under statutory legislation: 

  • Using someone else’s property for your own, or someone else’s benefit 
  • Talking and coercing someone into handing over a property 
  • Getting property unlawfully from another person 
  • Causing harm or loss to someone else, whether that be through financial avenues or otherwise 
  • Talking someone into doing something that they are legally not allowed to do 
  • Leaving without paying for a product or service when you know that you are meant to pay on the spot 
  • Gaining any kind of advantage or benefit for yourself, whether that be money or through other means 

These are just some of the examples that classify as basic fraud and the weighting of punishment can differ based on severity and the circumstances involved with the case. 

Aggravated Fraud (Section 408C (2 and 2A))

Aggravated fraud is a much more severe form of fraudulent behaviour, with certain circumstances of aggravation elevating the charge to be classified as aggravated fraud. Under Section 408C of the Criminal Code Act 1899, a fraudulent case becomes aggravated when specific breach-of-trust or high-risk factors become present, including: 

  • If the offender was a director or officer of a company, and the company itself was a victim
  • The offender was an employee of the victim 
  • The property involved was held under a trust, condition, or on behalf of someone else
  • The value involved (loss, gain, or property) was valued between $30,000 and $100,000
  • The offender was the victim’s employer

These actions are derived directly from the Criminal Code Act 1899 and can carry a maximum penalty of 14 years imprisonment. Under Section 408C (2A), these penalties can jump to 20 years maximum if either of the following applies: 

  • The value involved was over $100,000
  • The person was essentially running the fraud as a business and doing it repeatedly as an ongoing operation, not as a one-off case.

Knowing and understanding the difference between basic fraud and aggravated fraud will allow the accused to have a more knowledgeable idea on the legal proceedings and what they can expect to face when their case eventually goes to trial. 

What To Do If You Have Been Charged with Fraud in Queensland?

Being charged with fraud in Queensland is a severe criminal offence and should be handled seriously. Knowing your rights and having a basic understanding of the legal processes involved with such charges is the key to achieving the best possible outcomes for your case. Firstly, it is important to exercise your legal right to silence and not answer any police questions beyond providing basic identification.

Next, gather the evidence you need to protect yourself. Some of these include:

  • Text messages and phone calls 
  • Emails 
  • Bank statements
  • Contracts that relate to the accusation or the transaction 

When securing evidence, make sure that the digital files or documents provided are not altered in any way as this can have severe legal consequences later during the court proceedings. Additionally, do not delete any evidence and make sure that all evidence provided is whole and complete. 

And finally, you need to find legal representation that you can count on to represent you in the best light possible. At Donnelly Law Group, our extensive legal team will have the knowledge and experience to form a case that represents your case with maximum confidence and certainty. Attending court on your assigned date is also paramount, and failing to attend can result in separate and further legal consequences. Always follow the instructions of the court and be prepared with the best defence on court day. 

Choose Legal Representation You Can Trust with Donnelly Law Group

Seeking professional legal representation when faced with a fraud charge in Queensland is the key to maximising the outcomes of your case and analysing the circumstances of your case from every angle. At Donnelly Law Group, our legal team will be right by your side throughout the entire process and will help to protect you from fraud charges by delivering a result that is both fair and just! With over 30 years of experience as an operating practice, and with a combined expertise of over 100 years, we have extensive experience serving clients across the Brisbane and Gold Coast areas for all different types of cases including traffic, assault, domestic violence, fraud, and criminal offences. 

If you are looking for legal representation you can trust, contact our team at Donnelly Law Group today via our client information form, our phone number (1300 112 212), or email us at office@donnellylaw.com.au.