To be involved in any dishonest or inaccurate communication can result in you facing criminal charges, if it can be proved that the intention was to defraud a person. A statement is classified as false or misleading when it has the capacity to influence another person, irrespective of whether it was conveyed verbally or in written format. To establish the offence of ‘intention to defraud by false or misleading statement’, the prosecution needs to prove beyond reasonable doubt the following elements: 1. You were involved in making, assisting or publishing a statement. 2. The statement contained significant falsehood or deception. 3. Your actions were driven by dishonest intentions. The maximum penalty if dealt with at the District Court is 5 years imprisonment but if dealt with at the Local Court, it comes with a maximum penalty of 2 years imprisonment. Being confronted with accusations of fraud can be an unsettling and highly stressful situation. However, our experienced team of criminal defence lawyers can assist you in fighting for your legal rights.
If you believe that you are innocent and did not commit the alleged offence, you can choose to plead not guilty. In such situations, you can rely on our team of experts in criminal law to vigorously defend your rights by raising doubts on the prosecution’s case in failing to prove each element.
If you choose to contest your matter in court, our experienced lawyers will advise you on the strongest defences that you can rely on, and present all favourable evidence in court.
Commonly raised defences for ‘intention to defraud by false or misleading statement’ include:
1. Having an honest and reasonable belief in the statement’s truth or an honest and reasonable mistake of fact.
2. Being forced or threatened to make the statement under duress.
If you choose to enter a plea of guilty, your matter will proceed to sentence. By entering a guilty plea at an early opportunity, you will be entitled to up to 25% discount on your penalty. It will show the court that you accept responsibility for your actions and can lead to a less severe penalty as compared to being found guilty after a contested hearing.
However, it is crucial to get advice from our experienced criminal lawyers before entering a guilty plea. We will thoroughly assess your case and advise you if there are any possible defences that you may seek to rely on. To seek the most lenient penalty available under the law, our experienced lawyers will prepare and present strong submissions for a reduced sentence, explaining why it is appropriate.
The potential types of penalties that the court may impose include:
1. Section 10 Dismissal
2. Conditional Release Order
4. Community Correction Order
5. Intensive Correction Order
At KPT Defence Lawyers, we’re proud of our history of achieving great outcomes in fraud cases, no matter how serious the allegations are.
Feel free to contact us for help or to talk about your case in detail. We’re here to assist you.
This offence involves knowingly making false or misleading statements with the intent to defraud or deceive another party for financial gain.
Penalties may include fines, good behavior bonds, community service orders, or imprisonment, depending on the severity of the false statements and their impact.
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