Fraud and Theft Offences
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State and Federal legislation provides for the various offences of theft, burglary, robbery, obtaining property by deception, obtaining financial advantage by deception, identity theft, forgery, false statements and other white-collar crime offences.
Understanding the complexities of these areas and the changing technologies engaged in the committing of these crimes is essential to achieving a successful result.
As experienced solicitors, Amad & Amad Lawyers can provide clients with personalized advice and effective strategies, tailored to each client’s needs.
Criminal convictions may result in imprisonment and difficulty in obtaining future employment.
Advice at the earliest stages of proceedings is critical for the best possible outcome.
To discuss matters arising from dishonesty and theft offences please contact us on (03) 9347 1466 or book an appointment using our online form at our Carlton office in Melbourne.
Theft
topCrimes Act 1958 - SECT 72
72. Crimes Act - Basic definition of theft
(1) A person steals if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
(2) A person who steals is guilty of theft; and "thief" shall be construed accordingly.
Maximum Penalties in Victoria
Imprisonment for 10 years.
Burglary
topCrimes Act 1958 - SECT 76
76. Burglary
(1) A person is guilty of burglary if he enters any building or part of a building as a trespasser with intent-
(a) to steal anything in the building or part in question; or
(b) to commit an offence-
(i) involving an assault to a person in the building or part in question; or
(ii) involving any damage to the building or to property in the building or part in question- which is punishable with imprisonment for a term of five years or more.
(2) References in subsection (1) to a building shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is.
(3) A person guilty of burglary is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
Maximum Penalties in Victoria
Imprisonment for 10 years.
Robbery
topCrimes Act 1958 - SECT 75
75. Robbery
(1) A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear that he or another person will be then and there subjected to force.
(2) A person guilty of robbery, or of an assault with intent to rob, is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum).
Maximum Penalties in Victoria
Imprisonment for 15 years.
Obtaining property by deception
topCrimes Act 1958 - SECT 81
81. Obtaining property by deception
(1) A person who by any deception dishonestly obtains property belonging to another, with the intention of permanently depriving the other of it, is guilty of an indictable offence
(2) For purposes of this section a person is to be treated as obtaining property if he obtains ownership, possession or control of it, and obtain includes obtaining for another or enabling another to obtain or to retain.
(3) Subsections (12) and (13) of section 73 shall apply for purposes of this section, with the necessary adaptation of the reference to appropriating, as it applies for purposes of section 72.
(4) For the purposes of this section, deception-
(a) means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other
person; and(b) includes an act or thing done or omitted to be done with the intention of causing-
(i) a computer system; or
(ii) a machine that is designed to operate by means of payment or identification-
to make a response that the person doing or omitting to do the act or thing is not authorised to cause the computer system or machine to make.
Maximum Penalties in Victoria
Imprisonment for 10 years.
Obtaining financial advantage by deception
topCrimes Act 1958 - SECT 82
82. Obtaining financial advantage by deception
(1) A person who by any deception dishonestly obtains for himself or another any financial advantage is guilty of an indictable offence
(2) For purposes of this section deception has the same meaning as in section 81.
Maximum Penalties in Victoria
Imprisonment for 10 years.
Identity theft
topCrimes Act 1958 - SECT 192B
192B. Making, using or supplying identification information
(1) A person, who makes, uses or supplies identification information (that is not identification information that relates to that person), and-
(a) who is aware that, or aware that there is a substantial risk that, the information is identification information; and
(b) who intends to use or supply the information to commit an indictable offence, or to facilitate the commission of an indictable offence-
is guilty of an offence and liable to level 6 imprisonment (5 years maximum).
Note See section 426 for an alternative verdict for this offence.
(2) A person may be found guilty of an offence against this section even if the commission of the indictable offence is impossible.
(3) It is not a defence to a charge for an offence against this section that the person to whom the identification information relates consented to the making, use or supply of the identification information.
Maximum Penalties in Victoria
Imprisonment for 5 years.
Forgery
topRoad Safety Act 1986 - SECT 72
72. Forgery etc. of documents and identification marks
(1) A person is guilty of an offence if that person-
(a) forges; or
(b) fraudulently alters or uses; or
(c) fraudulently lends or allows to be used by any other person-
any notice, registration label, certificate, licence, permit or other document or any identifying number or general identification mark that is authorised by or required by or under this Act. Penalty: 10 penalty units or imprisonment for 2 months.
(1A) A person is guilty of an offence if that person-
(a) forges; or
(b) fraudulently alters or uses; or
Maximum Penalties in Victoria
Imprisonment for 2 months.
Evidence Act 1958 - SECT 142
142. Forgery, using etc. false documents an indictable offence
Any person who-
(a) forges or counterfeits any seal or stamp or the impression of any sealor stamp whatsoever purporting to be a seal or stamp such as is mentioned or referred to in any provision of this Act;
(b) forges or counterfeits any signature whatsoever purporting to be a signature such as is mentioned or referred to in any provision of this Act;
(c) fraudulently alters any document whatsoever purporting to be a document such as is mentioned or referred to in any provision of this Act or any seal stamp or signature thereon or thereto;
(d) affixes any such seal stamp or signature to any such document knowing such document to be untrue;
(e) except for some lawful purpose drafts engrosses copies or prepares any such document knowing the same to be untrue;
(f) without full disclosure tenders in evidence or otherwise uses any such document knowing that the seal or stamp or the impression of the seal or stamp or the signature thereon or thereto has been forged or counterfeited or is false or that such document is untrue or has become wholly or partially invalid or that such document or the seal stamp or the impression of the seal or stamp or the signature thereon or thereto has been fraudulently altered-
shall be guilty of an indictable offence.
Maximum Penalties in Victoria
Imprisonment for 5 years.
False statements
topCrimes Act 1958 - SECT 247
247. False statements
Any person who makes a statement or conveys information, being a statement or information that he knows to be false, to the effect or from which it could reasonably be inferred that there has been or is to be a plan, proposal, attempt, conspiracy or threat to-
(a) take or exercise control by force or violence of any building (including any structure in the nature of a building or any bridge or mine) aircraft, vessel, motor vehicle or engine or carriage used upon a railway;
(b) destroy, damage or endanger the safety thereof; or
(c) kill or injure all or any of the persons therein or thereon-
shall be guilty of an indictable offence and shall be liable to level 6 imprisonment (5 years maximum).
Maximum Penalties in Victoria
Imprisonment for 5 years.