Dishonesty offences involve deception, dishonesty or using a false pretence and include offences like stealing, acquiring a financial advantage and fraud. They are often very serious and can be handled in either the Magistrates Court or the Supreme Court.
Many dishonesty offences are also property offences. To read more about them, click here.
In Tasmania, fraud involves using a deception or trick to:
Fraud charges are heard in the Supreme Court.
Any person who by any false pretence, and with intent to defraud, obtains from any person anything capable of being stolen, or induces any person to deliver to any person anything capable of being stolen, is guilty of a crime.
Any person who by any deception dishonestly acquires for himself or for any other person any financial advantage is guilty of a crime.
Any person who unlawfully, and without claim of right takes, removes, or conceals anything capable of being stolen, with intent thereby to obtain for himself or for any person not lawfully entitled thereto, any payment for work done in respect of such thing, or with intent to deprive of any such payment any person entitled to the same, is guilty of a crime.
Dishonesty crimes that are dealt with in the Supreme Court are punishable by up to 21 years imprisonment. However, this is the default maximum penalty for most crimes in the Criminal Code and not always relevant for these types of cases. Penalties can include imprisonment, suspended imprisonment, community service, and fines depending on the nature of the offence and the circumstances of the defendant.
I can provide you with advice about your charge and the potential defences that might apply in your situation. I can appear for you at each court appearance including at the hearing or trial of the case if you plead not guilty. Because I am both a barrister and solicitor, I can handle the case for you from start to finish. If you would like to discuss a dishonesty case with me please get in touch to discuss it and my costs. My first appointment is free of charge.
Legal Aid is often available for people who are charged with dishonesty crimes, particularly if it is going to be heard in the Supreme Court. I take on Legal Aid cases and can apply for aid and represent you from start to finish. Read more about Legal Aid funding here.
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