White Collar Fraud

(9 votes)

Fraud encapsulates offences that involve a party gaining a benefit in a way that is dishonest and deceptive. The prosecution of these offences has increased recently.

Related Offences

  1. Blackmail
  2. False accounting
  3. Insider trading
  4. Theft
  5. Obtaining Financial Advantage by Deception

Defences

  1. Claim of Right / Ownership
  2. Intoxication
  3. Duress

Sentencing

Theft and obtaining a financial advantage by deception are regarded seriously by Victorian Courts. A key issue that often determines the magnitude of penalties is the quantum of the theft. Where it is alleged that only a small amount of money has been stolen, it is possible to have the matter heard in the summary jurisdiction rather than the indictable jurisdiction. In such cases, the maximum penalty is two years for one offence, or a maximum of 5 years for separate offences. Issues such as the degree of planning, and whether or not the theft was part of a course of conduct can aggravate the charges. Accordingly, sentences vary greatly in practice.

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302/530 Little Collins St, Melbourne VIC 3000, Australia

(03) 9008 6992

4.6 out of 5 stars