Intention to defraud by false or misleading statement Criminal Lawyers
Intention to defraud by false or misleading statement is a serious crime. We recommend getting the best legal defence on your side for charges of this offence.
Intention to defraud by false or misleading statement is a corporate crime or white-collar crime. This is because it is normally corporations or people acting on behalf of corporations that carry out this offence. It is also a non-violent crime.
However, while this offence is non-violent in nature, the courts still take this offence very seriously. If charged with the Intention to defraud by false or misleading statement, you could be facing a maximum sentence of 5 years imprisonment.
That’s why we recommend you get in touch with Australian Criminal Law Group. We consistently beat charges against our clients or, for those pleading guilty, get the best possible outcomes every time. If you’ve been charged, call or email us to get a first free appointment and find out how we can help.
What is Intention to defraud by false or misleading statement?
Intention to defraud by false or misleading statement is a crime that falls under fraud-based offences. Section 192G of the Crimes Act 1900 deals with this offence.
The act states that
A person who dishonestly makes or publishes, or concurs in making or publishing, any statement (whether or not in writing) that is false or misleading in a material particular with the intention of—
(a) obtaining property belonging to another, or
(b) obtaining a financial advantage or causing a financial disadvantage,
is guilty of an offence.
Maximum penalty—Imprisonment for 5 years.
What is a false or misleading statement?
A false statement is any statement whether verbal or written that is untrue. A statement can be false whether you knew it was not true or not.
A misleading statement is a statement made verbally or in writing that leads another person to have a false impression or to believe something that is untrue. A misleading statement could be suggestive, unclear, deceptive, or omit important information which misleads as a result.
What must police prove for a conviction?
For the prosecution to prove guilt of Intention to defraud by false or misleading statement, they must prove the following, beyond reasonable doubt;
- You made (either verbally or printed) a false or misleading statement or assisted in publishing a false or misleading statement
- That the false or misleading statement you made was of significance
- That the statement was capable of influencing another person to take action; and
- You did this with the intention to obtain property belonging to someone else; or
- You did this with the intention to obtain financial advantage or cause financial disadvantage
- You did this by deception; and
- You were dishonest when doing so
Fales and misleading statements include those made orally or in writing.
‘Dishonesty’ is determined according to the standards of ordinary people.
The police must prove all of the above elements to have you found guilty of this offence.
As such, the courts will not find a person guilty if that person made a statement that they honestly and reasonably believed was true. Similarly, the courts will not find a person guilty if that person did not intend to defraud or mislead another person(s) by making the statement.
Possible Defences for Intention to Defraud by False or Misleading Statement:
If the police cannot prove beyond reasonable doubt each of the above elements, they will not be able to prove guilt.
As such, possible defences for this offence include;
- The statement was not false or misleading or of significance
- It was not capable of influencing another person to take action; or
- There was no intention of obtaining the property or financial advantage; and
- There was no intention of financially disadvantaging another; or
- The property involved didn’t belong to another person at the time; or
- You were under duress
Each case is unique and will require a different approach. Our criminal lawyers will work with you to develop the best defence.
If you committed the offence and the police are able to prove so then it is best to plead guilty. The courts view this as a sign of remorse and so will likely give a more lenient sentence.
We want to get you the best results possible though. That’s why, if you chose to plead guilty, we will negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge to ensure the lightest possible penalties.
The local court deals with charges of Intention to defraud by false or misleading statement. However, the prosecutor can elect to have the matter dealt with in the District Court. The District Court normally only deals with matters involving other more serious offences. The Disctrict Court can impose harsher penalties than the Local Court.
The maximum penalty for Intention to defraud by false or misleading statement is 5 years imprisonment. Although, harsh penalties like this are typically reserved for the worst offenders.
Other penalties include;
- home detention,
- intensive correction order (ICO),
- suspended Sentence,
- community service order (CSO),
- community corrections order (CCO),
- good behaviour bond,
- section 10 non-conviction, or a
- Conditional Release Order (CRO).
You can read about all the sentencing options that a court has, including having no conviction recorded for Affray.
Why Australian Criminal Law Group
Our criminal Lawyers are specialists in criminal law. They consistently get the best possible outcomes for those charged with ‘intention to defraud by misleading or false statement’ . Working with one of our lawyers could be the difference between a conviction and having no criminal record and freedom from gaol.
Crimes Act 1900 No 40, Current version for 1 January 2022 to date (accessed 7 March 2022 at 21:52) https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040
This information is intended as a general guide to law only. It should not be relied on as legal advice, and it is recommended that you speak with a qualified lawyer about your situation.
Australian Criminal Law Group and its suppliers make every reasonable effort to ensure the accuracy and validity of the information provided on its web pages. At the time of updating, this information was correct, however, given the laws in NSW and Australia are continually changing, Australian Criminal Law Group makes no warranties or representations as to its accuracy.