Welcome to the WA Fraud article page. Everything you need to know about Fraud according to WA law - Dated: 30/11/2011
According to WA Law for the charge of Fraud,
Section 409 states that: Any person who, with intent to defraud, by deceit or any fraudulent means:
(1) Obtains property from any person;
(2) Induces any person to deliver property to another person;
(3) Gains a benefit (pecuniary or otherwise) for any person;
(4) Causes a detriment (pecuniary or otherwise) to any person;
(5) Induces any person to do any act that the person in lawfully entitled to abstain from doing; or
(6) Induces any person to abstain from doing any act which they are lawfully entitled to do,
is guilty of a crime.
According to WA Law for the charge of Fraud,
If the matter is heard in the District Court the maximum penalty is 7 years imprisonment or if the person defrauded is over the age of 60, the maximum penalty is 10 years imprisonment.
If the value of the property obtained or delivered or if the value of the benefit gained or detriment caused, is more that $10,000, the matter can not be dealt with summarily and must be dealt with in the District Court.
If the matter is able to be heard in the Magistrate’s Court, the maximum penalty is 2 years and a fine of $24,000 or if the person defrauded is over the age of 60, the maximum penalty is 3 years and a fine of $36,000.
(1) That the one of the matters listed in s.409 above has taken place (eg. obtained property or gained a benefit);
(2) That the accused had an intent to defraud; and
(3) That the consequence alleged was brought about by the by the accused’s use of deceit or other fraudulent means.
(a) Duress;
(b) Honest mistake of fact (but not mistake of law);
(c) Honest claim of right;
(d) Insanity;
(e) Consent; and
(f) There was no intent.
The matter may be heard in the District Court or the Magistrate’s Court if the matter is being dealt with summarily.
Fraud is an ‘either-way’ offence. The matter can only be heard in the Magistrate’s court, if the value of the property or benefit received was under $10,000. If the matter is able to be dealt with summarily it will probably by heard in the Magistrate’s Court. However, if the matter is particularly serious, or if the accused is also facing charges which are being dealt with in the District Court, the Prosecution may make an application to have the fraud charge also heard in the District Court.
For more information on ‘either-way’ offences click here
