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Fraud Offences

Fraud Offences. In NSW. What is fraud?????????????. Deceitful or dishonest conduct carried out for personal gain A type of economic offence. Fraud. Most fraud offences are found in Pt. 4 of the Crimes A ct 1990. Includes : Larceny Valueless cheques Obtaining money etc by deception

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Fraud Offences

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  1. FraudOffences In NSW

  2. What is fraud????????????? • Deceitful or dishonest conduct carried out for personal gain • A type of economic offence

  3. Fraud • Most fraud offences are found in Pt. 4 of the Crimes Act 1990. • Includes: • Larceny • Valueless cheques • Obtaining money etc by deception • Obtaining credit by fraud • White collar crime

  4. Factors of universal application to fraud • The amount of money involved and whether the loss is irretrievable • The length of time over which the offences are committed. (indicates degree of planning) • The motive for the crime (greed vs need) • The degree of planning and sophistication. An accompanying breach of trust

  5. Aggravating factors • A breach of trust under section 21A (2)(k) • Where this is not an essential element of the offence, common law recognizes that abuse of a position of trust is an aggravating factor on sentence • Class of victims under section 21A (2) (L) • If victim is vulnerable e.g. because age, disability, or occupation this effects the sentence. To be continued…….

  6. And on this episode of aggravating factors • Multiple victims or a series of criminal acts under section 21A (2) (M) -when a single offence contains a number of allegations this can increase the sentences • Part of a planned or organized criminal activity under section 21A (2) (n) - “The fact that the offence involved systematic dishonesty accompanied by planning, sophistication and repetition will aggravate the offence”

  7. Mitigating Factors • Absence of criminal record under section 21A (3) (e) and prior good character under section 21A (3)(f) - In fraud this is less relevant due to the abuse of position of trust • Remorse demonstrated by making reparation of loss under s 21A (3)(i) -Restitution can be a mitigating factor where it involves a degree of sacrifice. • Guilty plea s 21A(3)(k) - Pleading guilty is a factor which attracts a considerable measure of leniency especially in white collar crimes.

  8. Case http://www.youtube.com/watch?v=JcPDoVG97qE

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