What is Fraud, Obtain Money By Deception?

Crimes of dishonesty can end you in prison or block you for many times of employment. If you are charged, let our responsive team of experts manage your defence. Contact Nott and Co Lawyers. We are the most responsive criminal lawyers in NSW and will get you a straight answer in 24 hours. Best possible outcomes at best fixed fee prices.

If you are found guilty of fraud under s 192E of the Crimes Act, you could face a maximum penalty of 10 years imprisonment if the matter is heard in the District Court. If heard in the Local Court, the maximum penalty is two years in jail.

This offence goes to dishonest or deceptive conduct that secured you financial gain or caused somebody financial loss. Dishonesty is judged according to the standards of an ordinary person.

Section 192E of the Crimes Act 1900 NSW is the relevant provision.

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What The Prosecution Must Prove

Three elements make up the offence.

  1. That you acted deceptively. This can by any sort of big or small event where you have deceived another person about what you are up to. Or, if you used a computer or your mobile phone to access money that is not yours.
  2. That your dishonest or deceptive conduct secured you a financial benefit or property (this could be ownership, possession or control). The property does not have to by physical, it could be shares, or bitcoin. This element is somewhat broader as it can also come into play if your deceptive of dishonest action cause somebody to suffer a financial loss.
  3. That you actions were intentional or reckless in that you knew somebody could suffer loss or that you could obtain advantage and yet you continued down the path.


Available defences include:

  • Where you honestly believed you were legally entitled to the property (claim of right)
  • Where you were coerced or threatened into the fraudulent conduct (duress)
  • Where you were suffering from a mental illness at the time of the fraudulent conduct
  • Where you engaged in the fraudulent conduct to prevent serious injury or danger (necessity)