Sections 408C of the Criminal Code Queensland states:

(1) A person who dishonestly-

(a) applies to his or her own use or the use of any person-

(i) property belonging to another

(ii) property belonging to the person, or which is in the person’s possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any person; or

(b) obtains property from any person; or

(c) induces any person to deliver property to any person; or

(d) gains benefit or advantage, pecuniary or otherwise, to any person; or

(e) causes a detriment, pecuniary or otherwise, to any person; or

(f) induces any person to do any act which the person is lawfully entitled to abstain from doing; or

(g) induces any person from abstaining from doing any act which that person is lawfully entitled to do; or

(h) makes off, knowing that payment on the spot is required or expected for any property lawfully supplied or returned or for any service lawfully provided, without having paid and with intent to avoid payment;

commits the crime of fraud.

Penalty—

Maximum penalty—5 years imprisonment.

To prove this offence, the police need only show the court beyond a reasonable doubt:

1. that the accused applied to their own benefit property belonging to another or property belonging to the accused, which is in the accused’s possession, either solely or jointly with another person, subject to trust, direction or condition or on account of another person. Further, applied is taken to mean using another persons property for the accused’s only benefit; or

2. that the accused obtained the property of another person. Further, obtained is taken to mean and include to get, gain, receive or acquire in any way; or

3. that the accused induced any other person to deliver property to any persons; or

4. that the accused gained a benefit or advantage, pecuniary or otherwise, to any persons; or

5. the accused caused a detriment, pecuniary or otherwise, to any persons;

6. the accused induced any person to do an act which the person was lawfully entitled to abstain from doing; or

7. the accused induced any person to abstain from doing an act which the person was lawfully entitled to do; or

8. the accused made off knowing that the payment on the spot was required or expected for property lawfully supplied or returned or any service lawfully provided, without having aid and wit intent to avoid payment.

It is also a necessity for police to show that the accused’s actions must have been done dishonestly. To prove this, the prosecution needs to show that the defendant was not dishonest by the standards of ordinary honest people and that the defendant realised that what they did was dishonest by those standards.

The maximum penalty for the offence of fraud is up to 10 years depending on the circumstances and aggravations of the crime. This is why it is crucial to engage with one of our experienced lawyers.